Allowed

Basha @ Manikandan, M/a 30 Y v. the Executive Magistrate

Madras HC10 Dec 2018CRL MP/11223/2018

Case brief

AI extract

What is this about?

This criminal miscellaneous petition was allowed. The High Court suspended the sentence imposed on the petitioner and enlarged him on bail with a bond and surety, subject to conditions of weekly appearance and non-indulgence in offences, pending the disposal of the revision.

What did the court decide?

Sentence suspended; petitioner enlarged on bail on condition of bond with one surety, monthly appearance, and no commission of offence pending disposal of revision.

Basha @ Manikandan, M/a 30 Y Vs the Executive Magistrate — Bail and Remand | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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( Criminal Jurisdiction ) Monday, the Tenth day of December Two Thousand Eighteen PRESENT The Hon`ble Mr Justice V. PARTHIBAN CRIMINAL MISCELLANEOUS PETITION No.11223 of 2018 IN CRL.RC.NO.970/2018

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BASHA @ MANIKANDAN, [ PETITIONER ] Vs

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1 THE EXECUTIVE MAGISTRATE [ RESPONDENTS ] CUM DEPUTY COMMISSIONER OF POLICE, PULIANTHOPE RANGE, CHENNAI CITY POLICE. 2 THE INSPECTOR OF POLICE LAW AND ORDER, P1, PULIANTHOPE POLICE STATION, CHENNAI.

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Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal RC. No.970 OF 2018 on the file of the High Court, the High Court will be pleased to suspend the sentence and enlarge the petitioner on bail in C.No.43/Sec.pro/Dc.Puli/2018 on the file of the Executive Magistrate Cum Deputy Commissioner of Police pending disposal of the Revision Petition.

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Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.RC.No.970 of 2018 on the file of the High Court and upon hearing the arguments of MR.K.S.KAVIARASU, Advocate for the petitioner and of MR. PUBLIC PROSECUTOR on behalf of the Respondent the court made the following order:-

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This miscellaneous petition has been filed seeking to suspend the execution of sentence imposed on the petitioner, in pursuance of the order passed by the learned Executive Magistrate/Deputy Commissioner of Police, Pulianthope Range, Chennai, dated 21.08.2018, in C.No.43/Sec.Pro/DC.Puli/2018, and enlarge the petitioner on bail till the disposal of criminal Revision.

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2.The learned counsel for the petitioner would submit that while passing the impugned order of sentence, no opportunity has been afforded to the petitioner and that the petitioner was unable https://hcservices.ecourts.gov.in/hcservices/ to put forth his case.

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3.Having regard to the facts and circumstances of the case, this miscellaneous petition is allowed and the sentence imposed by the learned Executive Magistrate/Deputy Commissioner of Police, Pulianthope Range, Chennai, dated 21.08.2018, in C.No.43/Sec.Pro/DC.Puli/2018, is suspended and the petitioner is enlarged on bail on condition that he shall execute a bond for a sum of Rs.5,000/- (Rupees Five thousand only) with one surety for a like sum to the satisfaction of V Metropolitan Magistrate, Egmore, Chennai, and also subject to the condition that he should not indulge in any offence. It is also directed that the petitioner shall appear before the Executive Magistrate concerned once in a week i.e. on every Monday at 10.30 a.m. pending disposal of the revision case.

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-sd/10/12/2018 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104. TO 1 THE METROPOLITAN MAGISTRATE, NO.V, EGMORE 2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATIONI] 3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL. 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS. 5 THE EXECUTIVE MAGISTRATE CUM DEPUTY COMMISSIONER OF POLICE, PULIANTHOPE RANGE, CHENNAI CITY POLICE. 6 THE INSPECTOR OF POLICE LAW AND ORDER, P1, PULIANTHOPE POLICE STATION, CHENNAI.

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https://hcservices.ecourts.gov.in/hcservices/

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+1 C.C. to M/S.K.S.KAVIARASU Advocate on payment of necessary charges-Sr.23602

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CRL MP.11223/2018

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IN CRL.RC.NO.970/2018

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Date :10/12/2018

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From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format ths : 12.12.2018

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https://hcservices.ecourts.gov.in/hcservices/

Basha @ Manikandan, M/a 30 Y v. the Executive Magistrate

Case brief

What is this about?

What did the court decide?

Basha @ Manikandan, M/a 30 Y v. the Executive Magistrate

Case brief

What is this about?

What did the court decide?

What the court decided

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