Nathiya v. Palanisamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Crl.O.P.No. 4937 of 2020 Nathiya

...Petitioner/Defacto Complainant

Vs 1.

Palanisami ... Respondent/Petitioner/Accused 2.

The State Rep. by The Inspector of Police, Thirupattur Town Police Station Tirupattur, Thirupattur District (Crime No. 161/2019)

...Respondent/Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 439(1) of Cr.P.C, praying to cancel the bail granted to the first respondent in Crl.O.P.No. 30662 of 2019 dated 21.11.2019. For Petitioner : Mr. K.Selvarangan For 1st Respondent: Mr. K.Rajendra Prasad For 2nd Respondent: Mr. S.Balaji Government Advocate

ORDER

The petition has been filed seeking to cancel the bail granted to the first respondent/accused in Crime No. 161 of 2019 and for whom bail was granted by an order dated 21.11.2019 in Crl.O.P.No. 30662 of 2019.

2. It had been contended that this Court should revisit the earlier order in view of the fact that though directions was given to deposit original title deeds of property, worth not less than Rs.3/- lakhs, the documents as deposited were not in accordance with the directions given and therefore, complaining https://hcservices.ecourts.gov.in/hcservices/

that the conditions had not been satisfied, the bail already granted was sought to be cancelled. However, in the counter affidavit filed on behalf of the complainant/State represented by Inspector of Police, Thirupatthur, it had been stated that the documents furnished are genuine documents. Two sets of documents had been furnished. In one, there has been a subsequent settlement deed executed by the father in favour of the son. I do not think that would come in the way of interfering with the order of grant of bail.

3. I am also informed that the calender case is posted for appearance of accused and that recording of evidence would commence. Let me not interfere with the bail already granted but give a direction to ensure that the matter is not adjourned unnecessarily.

4. It had been stated that the calendar case is posted on 21.04.2022 in C.C.No.2 12 of 2021 by the Judicial Magistrate Court No.I, Thirupatthur. I am confident that the Judicial Magistrate Court No.I, Thirupatthur, will proceed further in trial in the manner known to law.

5. This Criminal Original Petition seeking cancellation of the bail granted is dismissed. No costs.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar vsg To

1. The Judicial Magistrate Judge No.I, Thirupatthur

2. The Inspector of Police, Thirupattur Town Police Station Tirupattur, Thirupattur District

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No. 4937 of 2020 PMK(CO) SP(06/04/2022) https://hcservices.ecourts.gov.in/hcservices/