Madras High Court
Mujeep Bhasha (50 Y) vs State Rep.By on 12 September, 2023
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.09.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.O.P No.4439 of 2023
Mujeep Bhasha (50 Y)
S/o.Anvar Basha .. Petitioner
.Vs.
State rep.by
The Inspector of Police
All Women Police Station
Ammapet, Salem. ... Respondent
(Cr.No.63 of 2021)
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal
Procedure, to aside the condition imposed by an order dated 07.01.2022 passed in
CMP.No.95 of 2022 on the file of the Principal Sessions Judge, Salem, the petitioner
shall deposit the passport before the respondent and produce the receipt before the
learned Judicial Magistrate, Additional Mahila Court, Salem while producing the
sureties consequently directing the respondents to return the passport of the
petitioner within a stipulated period of time.
For Petitioner : Mr.R.Ezhilarasan
For Respondent : Mr.A.Gopinath
Government Advocate (Crl.side)
ORDER
This Criminal Original Petition has been filed challenging one of the condition
imposed by the Court below in CMP.No.95 of 2022 dated 7.1.2022 while enlarging
the petitioner on bail.
https://www.mhc.tn.gov.in/judis
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2.Heard Mr.R.Ezhilarasan, learned counsel for the petitioner and
Mr.A.Gopinath, learned Government Advocate (Crl.side) for the respondent.
3.The petitioner is aggrieved by the following condition imposed by the Court
below:
4.that the petitioner shall deposit the Passport before the
respondent police and produce the receipt before the learned
Judicial Magistrate, Additional Mahila Court, Salem while
producing sureties;
4.The learned Government Advocate (Crl.side) on instructions submitted that
the investigation was completed and final report was filed before the Court below
and the same was taken on file in C.C.No.377 of 2022. The learned Government
Advocate (Crl.side) further submitted that the case is now at the stage of trial and
LW.1 was examined on 01.9.2023 and the case stands posted for hearing on
9.10.2023.
5.In the light of the above development, it will suffice if a direction is given to
the Court below to complete the proceedings within a time frame. It will also be
appropriate to direct the respondent to deposit the Passport that has been collected
from the petitioner before the Court below.
https://www.mhc.tn.gov.in/judis
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6.In the result, this criminal original petition is disposed of with a direction to
the respondent to deposit the Passport that was handed over by the petitioner
before the learned Judicial Magistrate, Additional Mahila Court, Salem, within a
period of two weeks from the date of receipt of copy of the order. The Court below
shall also dispose of C.C.No.377 of 2022, within a period of three months from the
date of receipt of copy of this order. The trial shall be conducted on a day to day
basis in accordance with the guidelines given by Hon'ble Supreme Court reported in
Vinod Kumar .Vs. State of Punjab [2015 (1) MLJ (Crl) 288 SC]. If the petitioner
adopts any dilatory tactics, it is open to the trial Court to insist upon the presence
of the petitioner and remand him to custody as per the judgment of the Hon'ble
Supreme Court in STATE OF UTTAR PRADESH VS. SHAMBHU NATH SINGH (JT 2001
(4) SC 3191).
12.09.2023
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
KP
To
1.The Inspector of Police
All Women Police Station
Ammapet, Salem.
2. Judicial Magistrate
Additional Mahila Court, Salem.
3.The Public Prosecutor
High Court, Madras.
https://www.mhc.tn.gov.in/judis
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N. ANAND VENKATESH,. J.
kp
Crl.O.P No.4439 of 2023
12.09.2023
https://www.mhc.tn.gov.in/judis
