Senthil Kumar v. Sundar

in Criminal O.P. No. 18 of 2024 C.V.KARTHIKEYAN, J.

This application has been filed seeking to cancel the anticipatory bail granted for A1 and A2 in Criminal O.P. No. 18 of 2024 by order dated 04.01.2024. While granting the order, this Court had noted that FIR in Crime No. 496 of 2023 had been registered under Sections 294(b), 323, 324 and 506(2) IPC.

2. It is the contention of the petitioner /defacto complainant that serious and grievous injuries had been caused on the defacto complainant. It is also stated that on completion of investigation an alteration report had also been filed before the learned Judicial Magistrate-II, Mannarkudi also incorporating Section 307 IPC. But it is however contended that the learned Magistrate had not carried out that particular alteration in the records, but at any rate Section 307 IPC is now also included in the offences. It is only appropriate that the petitioners also seek relief for the offence under section 307 IPC.

3. I am not inclined to cancel this particular order, but give that particular direction to both the petitioners to approach the jurisdictional Court seeking necessary relief relating to the offence under section 307 IPC.

4. Before granting any relief to the accused, the said Court should issue notice to the defacto complainant and give opportunity of hearing.

5. Whenever any such application is filed seeking relief for A1 and A2 for the offence under Section 307 IPC, the same may be examined without reference to the order in Criminal O.P. No. 18 of 2024, which was restricted only to the offences under Sections 294(b), 323, 324 and 506(2) IPC.

29.07.2024 Maya

C.V.KARTHIKEYAN,J.

Maya in Criminal O.P. No. 18 of 2024 29.07.2024