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2019 (1) TMI 624

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.... the Respondent. ORDER The prosecuting Agency filed this cancellation petition challenging the order dated 14-3-2018 made in Crl. M.P. No. 604 of 2018 in R.R. No. 7 of 2018 by the Learned Additional Chief Metropolitan Magistrate, EO-I, Egmore, Chennai in-charge of Learned Additional Chief Metropolitan Magistrate, EO-II, Chennai. 2. The case of the prosecution is that the petitioner i....

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....ugh the remand report and without taking into consideration that the respondent is a habitual offender, the Learned Chief Metropolitan Magistrate has inadvertently granted bail to the respondent/accused. The respondent filed a petition under Section 436 of Cr. P.C., under the impression that he has committed bailable offence. But, the petitioner/police have booked the petitioner under Section 135A....

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....espondent filed a petition under Section 436 of Cr.P.C., for grant of bail. Believing the words of the respondent that no notice was served by the petitioner police and without hearing the Learned Special Public Prosecutor appearing for the petitioner, the trial Court granted bail to the respondent under the impression that the offence committed by the respondent/accused is bailable offence. Howev....