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2022 Supreme(Online)(MAD) 19221

HIGH COURT OF MADRAS
Hon`ble Mr Justice G.K. ILANTHIRAIYAN
JAILDAR SINGH – Appellant
Versus
THE STATE REP BY – Respondent


ORDER

This criminal original petition has been filed praying to set aside the remand order dated 06.04.2022 in PRC.No.14 of 2015 on the file of the learned Judicial Magistrate-IV, Salem and to release the petitioner forthwith.

2. The learned counsel for the petitioner would submit that the petitioner is an accused in crime No.575 of 2002 registered for the offence under Sections 147, 148, 149, 323, 324, 302 of IPC and Section 3 r/w 25(i)(b) and 27(1) of Indian Arms Act on the file of the respondent. In pursuant to the registration of FIR, the petitioner was arrested and remanded to judicial custody. Subsequently, he was released on bail on default ground as contemplated under Section 167(2) of Cr.P.C. After completion of investigation, final report was filed and the same has been pending for committal in PRC.No.14 of 2015 on the file of the learned Judicial Magistrate No-IV, Salem. However, the learned Magistrate, without issuance of summons, straight away issued non bailable warrant and the petitioner was arrested and remanded to judicial custody.

2.1 He further submitted that once the petitioner was granted statutory bail as contemplated under Section 167(2) of Cr.P.C., the bail gra

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