Three criminal miscellaneous petitions were filed to restore earlier bail cancellation petitions dismissed for non-prosecution. The Court found no violation of bail conditions and dismissed the petitions as there was no necessity to restore them.
Disposal of the bail cancellation petitions with no restoration of the earlier dismissed Crl.O.P.s.
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Crl.M.P.Nos.3669, 3672 & 3671 of 2022 in Crl.O.P.Nos.18507, 18509 & 18510 of 2021
Dr.G.Jayachandran, J.
Heard the Learned Counsel for the petitioner and the Learned
Government Advocate (Crl.Side) for the respondent.
2. These three petitions are filed to restore the Crl.O.P.No.18507
of 2021, 18509 of 2021 & 18510 of 2021 on the file of this Hon'ble Court
which was dismissed on 21.12.2021 for non-prosecution.
3. The petitioner herein is the defacto complainant filed petition to
cancel the bail granted to the respondents/accused by the trial Court. These petitions were dismissed by this Court for non-prosecution on 21.12.2021. Hence, these three petitions are filed for restoration of the said application to be heard on merits.
4. This Court, on considering the representation and the averments
made in the affidavit for restoration, the cancellation of bail petition.
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5. On going through the bail order, this Court finds that, after the
representation made by the prosecution and considering the nature of the case, the age of the accused persons and the necessity for custodial interrogation, bail has been granted to the petitioners.
6. The Learned Government Advocate (Crl.Side) for the
respondent/police submit that, based on the compliance with the condition imposed by the trial Court while granting bail, the accused persons appeared before the Investigating Officer and cooperated with the investigation and subsequently, the condition to report before Investigating Officer was also relaxed by the Court.
7 . In the said circumstances, since this Court finds no violation of
bail condition. This Court finds no reason to cancel the bail. Hence, dismissal of petitions to cancel the bail holds good. Therefore, there is no necessity to
restore the petitions.
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8. In the result, these Criminal Original Petitions are dismissed.
30.03.2022
bsm
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Dr.G.Jayachandran, J.
bsm
Crl.M.P.Nos.3669, 3672 & 3671of 2022 in Crl.O.P.Nos.18507, 18509 & 18510 of 2021
30.03.2022
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1 issue framed by the court
Whether the bail cancellation petitions filed to restore the dismissed Crl.O.P.s should be restored for hearing on merits.
Petitioner
Respondent
Dr.G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
