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In Re: Peer Mohamed - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai High Court
Decided On
Judge
Reported in1979CriLJ429
AppellantIn Re: Peer Mohamed
Excerpt:
- .....to the asst, public prosecutor attached to that court; (2) to give him only a day's notice in all bail applications, and (3) to decide the application under section 101 of the tamil bail applications within two days and not to adjourn them for days together. the learned counsel for the petitioner session of the same and anr. is to complains that in a particular matter lay a complaint before the magistrate of bail, the 15th metropolitan magistrate did not issue notice to the assistant public prosecutor but directed notice to be issued to the investigating officer and it took sometime for him to dispose of the bail application, i am not prepared to give any such general directions because it is a matter in which the magistrate will have to follow the precedents and act according to law.....
Judgment:
ORDER

Paul, J.

1. The curious prayer in this petition under Section 482, Cr. P.C. is that I should give a direction to 15th Metropolitan Magistrate (1) to issue notice to the Asst, Public Prosecutor attached to that Court; (2) to give him only a day's notice in all bail applications, and (3) to decide the application under Section 101 of the Tamil bail applications within two days and not to adjourn them for days together. The learned Counsel for the petitioner session of the same and Anr. is to complains that in a particular matter lay a complaint before the Magistrate of bail, the 15th Metropolitan Magistrate did not issue notice to the Assistant Public Prosecutor but directed notice to be issued to the investigating officer and it took sometime for him to dispose of the bail application, I am not prepared to give any such general directions because it is a matter in which the Magistrate will have to follow the precedents and act according to law and in the interest of justice. It cannot be gainsaid that bail applications should be expeditiously disposed of and every effort should be made to do so. But it is not possible to give a direction to the Magistrate to decide bail applications within two days or to give a direction that only one days notice in all bail applications should be given to the Police. The petition is dismissed with these observations.


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