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Madras High CourtCRL RC(MD)/1191/2022dismissed

Sekar @ Mohammed Sabi v. The Inspector Of Police

2022-12-09Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.R.C.(MD)No.1191 of 2022 and Crl.M.P(MD).No.14922 of 2022 1.Sekar @ Mohamed Sabi 2.Santhurau ... Revision Petitioners Vs.

The Inspector of Police, Prohibition Enforcement Wing, Dindigul District, Dindigul PEW Police Station.

... Respondents Prayer : This Criminal Revision has been filed under Section 397 and 401 of Criminal Procedure Code, to call for the records from the lower Courts and set aside the order in Crl.M.P.No.2880 of 2022 on the file of the learned Principal Sessions Judge, Dindigul dated 08.11.2022 by allowing this Criminal Revision Case.

For Petitioner : M/s.S.Prabha For Respondent : Mr.M.Sakthi Kumar Government Advocate 1/5

O R D E R

This Criminal Revision Case has been preferred against the order of cancellation of bail passed by the learned Principal Sessions Judge, Dindigul in Crl.M.P.No.2880 of 2022 dated 08.11.2022.

2. Bail was granted to the petitioners in Crl.M.P.No.301 of 2022 dated 22.02.2022 by the learned Principal Sessions Judge, Dindigul with certain conditions. One of the conditions is that the petitioners shall appear before the respondent police daily at 10.30 a.m., until further orders. After getting bail order, the petitioners appeared before the respondent police only 4 days and thereafter, they did not appear. Thereafter, a Criminal Original Petition in Crl.M.P.No.2880 of 2022 has been moved by the prosecution to cancel the bail order. After hearing the revision petitioners, the impugned order has been passed by the trial Court stating that no proper reason has been given by the revision petitioners for non-complying the above said condition. It is also noted that the petitioners are the resident of Karaikudi, even then, they ought not to have filed an application for modification or relaxation as case may be. 2/5

3. Mr.Sakthi Kumar, learned Government Advocate(Crl.side) appearing for the respondent police submitted that sufficient time has been given to the revision petitioners to give a proper reason for non-complying the above said order and also submitted that the investigation in Crime No.176 of 2022 is pending and some of the accused are still absconding.

4. Since FIR was registered on 03.02.2022, this Court directs the respondent police to complete the investigation and file a final report before the concerned Court within a period of one month from the date of receipt of copy of this order. Thereafter, the petitioner can revive their bail application before the concerned Court.

With the above directions, this Criminal Revision Case is disposed of. Consequently, the Criminal Miscellaneous Petition is closed. 09.12.2022 Index : Yes/No Internet : Yes/No tta 3/5

To:-

1. The Inspector of Police, Prohibition Enforcement Wing, Dindigul District, Dindigul PEW Police Station.

2. learned Principal Sessions Judge, Dindigul.

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G.ILANGOVAN,J tta ORDER MADE IN Crl.R.C.(MD)No.1191 of 2022 09.12.2022 5/5