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Madras High CourtCRL OP(MD)/14410/2024disposed of

Mohamed Rifas v. The Inspector Of Police

2024-08-30Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Mohamed Rifas ... Petitioner /Sole Accused vs.

State represented by The Inspector of Police, Keelakarai Police Station, Ramanathapuram.

(Crime No.188 of 2019) ... Respondent / Complainant Prayer:- Petition filed under Section 528 of BNSS, to set aside the impugned Docket order in Crl.M.P.SR.No.5102 of 2024 dated 24.06.2024 in Crl.M.P.No.309 of 2020 dated 31.01.2020 on the file of the learned Judicial Magistrate No.1, Ramanathapuram, and consequently, direct the learned learned Judicial Magistrate No.1, Ramanathapuram, to accept the surety.

For Petitioner : Mr.I. Abdul Basith For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) 1/4

ORDER

The Criminal Original Petition is filed to set aside the impugned Docket order in Crl.M.P.SR.No.5102 of 2024 dated 24.06.2024 in Crl.M.P.No.309 of 2020 dated 31.01.2020 on the file of the learned Judicial Magistrate No.1, Ramanathapuram, and consequently, direct the learned learned Judicial Magistrate No.1, Ramanathapuram, to accept the surety.

2. The greivance of the petitioner is that the Court below has repeatedly returned the surety memo, which was filed by the petitioner.

3. A perusal of the docket order, it can be seen that earlier the matter was returned on the ground that the identity cards of the sureties were not produced. The other reason which is mentioned is that the copy of the bail order is not filed along with the surety. 4.The learned counsel appearing on behalf of the petitioner would submit that as far as the copy of the bail order is concerned, it is the order of the same Court and therefore, furnishing a copy of the order is not necessary. As far as the identity card is concerned, the same was also duly produced.

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5. In view thereof, the petitioner shall represent the surety along with the said endorsement and along with a copy of this order. Upon the representation, the trial Court shall consider the sureties and pass orders on merits without further returning the sureties as the matter relates to the enlargement of the petitioner on bail.

6. With the above observations, the Criminal Original Petition stands disposed of.

30.08.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No dss Note : The Registry is directed to return all the originals, which are filed before this Court to the learend counsel for the petitioner. 3/4

D.BHARATHA CHAKRAVARTHY, J.

dss To

1. The Judicial Magistrate No.1, Ramanathapuram.

2.The Inspector of Police, Keelakarai Police Station, Ramanathapuram.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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