Madras High CourtCRL OP/1206/2015dismissed

K.Sithurangan v. P.Manikandan

2017-07-12Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.07.2017

CORAM

THE HONOURABLE Mr. JUSTICE P.N.PRAKASH Crl.O.P.No.1206 of 2015 K.Sithurangan ... Petitioner Vs

1. T.Manikandan

2. The Inspector of Police, R7, K.K.Nagar Police Station, Chennai.

... Respondents Criminal Original Petition filed under Section 439 (2) of Cr.P.C., praying to cancel the bail granted to Mr.P.Manikandan in Crime No.1323 of 2014 on the file of the 2nd respondent herein vide order of this Court in Criminal Original Petition No.30003 of 2014.

For Petitioner : Mr.G.B.Saravanabhavan For Respondents : Mr.C.Emalias, APP, for R1

O R D E R

This petition has been filed to cancel the bail granted to Manikandan in Crime No.1323 of 2014 on the file of the 2nd respondent herein, vide order of this Court in Criminal Original Petition No.30003 of 2014.

2. Yuvarani and Manikandan were in love with each other and they got married on 12.02.2014. On 28.10.2014, Yuvarani committed suicide by hanging. Manikandan was arrested on 30.10.2014 and this Court, by order dated 18.11.2014 in Crl.O.P.No.30003 of 2014 granted bail to Manikandan. Aggrieved by the grant of bail to Manikandan, Yuvarani's father Sithurangan has filed the present petition in Crl.O.P.No.1206 of 2015 for cancellation of bail.

3. Heard Mr.G.B.Saravanabhavan, learned counsel appearing for the petitioner, who submitted that this Court ought not to have granted bail in a case of this nature.

4. Be that as it may, this Court has granted bail to Manikandan on merits and therefore, the same cannot be cancelled https://hcservices.ecourts.gov.in/hcservices/

by this Court, in view of the law laid down by the Supreme Court in Abdul Basit v. Mohd. Abdul Kadir Chaudhary [2014 (11) Scale 96].

5. It is not the case of the petitioner, that Manikandan has violated any of the conditions of the bail.

6. In the result, this petition is devoid of merits and the same is dismissed with a further direction to the respondent police to complete the investigation in Cr.No.1323 of 2014 expeditiously, if not already completed.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar cgi / gms To

1. The Inspector of Police, R7, K.K.Nagar Police Station, Chennai.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.G.B.Saravanabhavan, Advocate in sr.no.48576 Crl.O.P.No.1206 of 2015 SSI(CO) NR 27/07/2017 https://hcservices.ecourts.gov.in/hcservices/