Suresh @ Thol Suresh : Revision vs State Rep. By
2021 Latest Caselaw 14825 Mad

                                                           1

                                   BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 26.07.2021

                                                        CORAM

                             THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI

                                             Crl.R.C(MD)No.433 of 2021
                                                        and
                                             Crl MP(MD)No.4522 of 2021

                     Suresh @ Thol Suresh                      : Revision Petitioner/
                                                                 Petitioner

                                                               Vs.
                     State rep. by
                     The Sub Inspector of Police,
                     Nagamalai Pudukottai Police Station,
                     Madurai District.                  : Respondent/Respondent

                               Prayer: Criminal Revision has been filed under Section
                     397 r/w 401 of Criminal Procedure Code, against the order, dated
                     09.04.2021 passed in Crl.MP No.1752 of 2021 on the file of the
                     Judicial Magistrate No.VI, Madurai.

                                    For Petitioner      : Mr.K.Prabhu
                                                          for Mr.K.Jeyamohan

                                    For Respondent      : Mr.P.Kottaichamy
                                                          Government Advocate (Crl. side)


                                                     JUDGMENT

This criminal revision is directed against the order, dated

09.04.2021 made in Crl.MP No.1752 of 2021 on the file of the

Judicial Magistrate No.VI, Madurai.

https://www.mhc.tn.gov.in/judis/

2.It is seen from the records that a case in Crime No.2426

of 2020 was registered under sections 363 and 365 of IPC against

the petitioner and some others on the allegation that they

kidnapped the son of the de-facto complainant namely Kishore in

the Innova Car TN-09-AK-9355. The petitioner was arrested and

remanded to judicial custody, on 29.12.2020. The petitioner filed a

bail petition in Crl.MP No.422 of 2021 before the Judicial

Magistrate No.VI, Madurai. The learned Magistrate, by order, dated

25.01.2021 allowed the petitioner and released the petitioner on

bail with a condition to appear before the respondent police every

day at 10.00 am until further orders. On 23.02.2021, the said

condition was modified on the petition filed by the petitioner in

Crl.MP No.735 of 2021 and the petitioner was directed to appear

before the respondent police every Monday at 10.00 a.m until

further orders. Thereafter, the petitioner filed a petitioner in Crl.MP

No.1536 of 2011 seeking relaxation of the condition imposed on

him. The said petition was dismissed by the Judicial Magistrate

No.VI, Madurai, on 26.03.2021. The subsequent application filed by

the petitioner in Crl.MP No.1752 of 2021 was also came to be

dismissed by the Judicial Magistrate No.VI, Madurai, on

09.04.2021. Hence, the petitioner is before this court.

https://www.mhc.tn.gov.in/judis/

3.Heard the learned counsel appearing on either side and

perused the materials available on record.

4.It is the main contention of the petitioner that the

learned Magistrate without putting him on notice, has mechanically

cancelled the bail and the learned Magistrate has mechanically

passed the impugned order and prays that the impugned order

passed by the Magistrate is to be set aside.

5.It is seen from the records that the petitioner has

complied with the condition daily till 23.02.2021 and subsequently

the condition was modified and the petitioner was directed to

appear before the respondent police every Monday at 10.00 am

until further orders. Thereafter, petition has been filed by the

petitioner seeking further relaxation of the condition on medical

grounds. The petitioner has also produced the medical certificate

for his illness. However, without considering the medical records,

the learned Judicial Magistrate has mechanically cancelled the bail

granted to the petitioner. This court is of the considered view that

the impugned order passed by the Judicial Magistrate is not

correct.

https://www.mhc.tn.gov.in/judis/

6.In view of that, this criminal revision is allowed. The

impugned order, dated 09.04.2021 passed in Crl.M.P No.1752 of

2021 by the Judicial Magistrate No.VI, Madurai, is set aside. The

petitioner is directed to comply with the condition as imposed by

the learned Judicial Magistrate, dated 23.02.2021, in Crl.MP No.

735 of 2021 without any default in future. Consequently, connected

Miscellaneous Petition is closed.

26.07.2021

Index:Yes/No Internet:Yes/No

er

Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

https://www.mhc.tn.gov.in/judis/

T.KRISHNAVALLI,J

er

To,

1.The Judicial Magistrate No.VI, Madurai.

2.The Sub Inspector of Police, Nagamalai Pudukottai Police Station, Madurai.

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

Judgment made in Crl.R.C(MD)No.433 of 2021

26.07.2021

https://www.mhc.tn.gov.in/judis/

https://www.mhc.tn.gov.in/judis/