P.Bhuvaneswari v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Seventeenth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL MISCELLANEOUS PETITION Nos.324 & 710 of 2022 in Crl.O.P.Nos.14189 & 14483 of 2021 P.BHUVANESWARI [ PETITIONER/DEFACTO COMPLAINANT IN BOTH THE PETITIONS ] Vs 1 THE INSPECTOR OF POLICE [ 1ST RESPONDENT/COMPLAINANT ALL WOMEN POLICE STATION, IN BOTH THE PETITIONS ] PONNERI, THIRUVALLUR DISTRICT 2 PRAGATHISH KARTHIK [ RESPONDENTS/PETITIONERS/ACCUSED 3 VIJAYABASKARAN IN BOTH THE PETITIONS ] 4 M.V. SHANMUGA PRIYA Petitions praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to (i)Cancel the Bail granted on 18.08.2021 to the Respondents 2 to 4 herein in the above Crl.OP.14189/2021 and pass such other or other orders as this Hon'ble Court.[CRL.MP.NO.324/2022] (ii)Cancel the Bail granted on 17.08.2021 to the Respondents 3 and 4 herein in the above Crl.OP.14483/2021 and pass such other or other orders as this Hon'ble Court.[CRL.MP.NO.710/2022]
Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.A.R.L.SUNDARESAN, Advocate for M/S AL.GANTHIMATHI, Advocate for the petitioner [IN BOTH THE PETITIONS] and of MR. S.UDAYAKUMAR, Govt. Advocate ( Crl. Side) on behalf of the R-1 [IN BOTH THE PETITIONS] and of MR. R.SANKARASUBBU, Advocate for M/S.S.M.A.JENNA, Advocate on behalf of the R-2,3,4 the court made the following order:- These miscellaneous petitions have been filed to cancel the anticipatory bail granted to the respondents passed by this Court vide order dated 18.08.2021 and 17.08.2021.
2. The case of the prosecution is that, the first accused is the husband of the defacto complainant and other accused persons are inlaws of the defacto complainant. A1 had an illicit relationship with another woman before the marriage. After the marriage taken place, with inducement of the in-laws of the defacto complainant, A1 demanded more dowry from the defacto complainant. When she is unable to meet out his expectations in respect of the dowry demanded, she was eliminated from the matrimonial home. Aggrieved by that, the complaint has been lodged.
3. The learned counsel for the respondents 2 to 4/accused submitted that initially, this court granted anticipatory bail in respect of the father-in-law and sister-in-law of the defacto complainant in Crl.O.P.No.14483 of 2021 dated 17.08.2021 and the same was dismissed insofar as A1 is concerned. However, inadvertently, the client filed another OP without crime number and the same was ordered in Crl.OP.No.14189 of 2021 dated 18.08.2021.
4. In view of the above, the respondents/ accused persons seeks permission of this Court to withdraw the Crl.OP.No.14189 of 2021 and to that effect, they made endorsement.
5. Recording the submission and endorsement made by the learned counsel for the respondents 2 to 4 herein/petitioner therein, the order passed by this Court in Crl.Op.No.14189 of 2021 dated 18.08.2021 is recalled and cancelled. The order passed in Crl.OP.No.14483 of 2021 dated 17.08.2021 shall remained intact. During the earlier occasion, for the non-appearance of the respondents/accused persons, this Court issued Bailable Warrant to them and the same is also recalled.
6. In these circumstances, the prayer sought for by the petitioner/defacto complainant has become infructuous and therefore, these Criminal Miscellaneous Petitions are closed. -sd/- 17/02/2022 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 JUDICIAL MAGISTRATE, NO.I, PONNERI, THIRUVALLUR DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PONNERI, THIRUVALLUR DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+2 C.C. to M/S AL.GANTHIMATHI Advocate on payment of necessary charges SR.NO. 2703 & 2699 Order in CRL MP.Nos.324 & 710 of 2022 in Crl.O.P.Nos.14189 & 14483 of 2021 Date :17/02/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RW 10/03/2022