Safiullah v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Fifth day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.ILANGOVAN IN CRL OP(MD) No.21502 of 2022 SAFIULLAH ... PETITIONER/DEFACTO COMPLAINANT Vs 1 THE STATE REPRESENTED BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, THANJAVUR DISTRICT.

(CRIME NO.21/2022).

... RESPONDENT/RESPONDENT/COMPLAINANT 2 MUSTHAFA ... RESPONDENT/PETITIONER/ACCUSED Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to cancel the bail granted on 26/4/2023 to R2 herein in the above Crl.OP(MD)No.21502/2022. Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.DHILIPAN PANDIAN R L, Advocate for the petitioner and of Mr.R.SURESH KUMAR, Government Advocate(Crl.side) on behalf of the 1st Respondent and Mr.KPS.PALANIVELRAJAN, Senior counsel for Mr.V.MALAIYENDRAN, Advocate for the 2nd respondent, the Court made the following order:- 1/3

This petition has been filed to cancel the bail granted to the second respondent herein by the order dated 26.04.2023 passed in Crl.O.P.(MD)No.21502 of 2022. 2.A report has been called for from the trial Court as to whether the 2nd respondent has complied the condition regularly. Report has been received, stating that he has appeared before the trial Court regularly, but only for three days he remained absent.

3.The learned counsel for the second respondent would submit that the second respondent has filed an application under Section 311 of Cr.P.C., seeking recall of PW1 and PW10 that was dismissed. Against which, Crl.O.P.(MD).No.14939 of 2023 and 15298 of 2023 have been filed, in which interim stay was also granted by the coordinate Bench of this Court. 4.In view of the above nothing survives for further consideration in this case. Accordingly, this criminal miscellaneous petition stands dismissed. sd/- 25/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE NO.III THANJAVUR 2 THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, THANJAVUR DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN IN CRL OP(MD) No.21502 of 2022 Date :25/09/2023 SS/GB/05/10/2023/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3