R.Srinivasan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-11-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NOS.5274 and 5313 of 2025 Crl.O.P.No.5274 of 2025 R. Srinivasan ... Petitioner/ Defacto complainant Vs

1. The Inspector of Police, Central Crime Branch, Coimbatore City, Coimbatore. (Crime No.60 of 2024) ... 1st Respondent/ Complainant

2. Madhu Sankar ... 2nd Respondent/ A3 Crl.O.P.No.5313 of 2025 R. Srinivasan ... Petitioner/ Defacto complainant Vs

1. The Inspector of Police, Central Crime Branch, Coimbatore City, Coimbatore. (Crime No.60 of 2024) ... 1st Respondent/ Complainant

2. S. Franklin Manivannan ... 2nd Respondent/ A1 1/6

PRAYER: These criminal original petitions has been filed under Section 483(3) of BNSS to cancel the bail granted to the second respondents/ in both the petitions/ A3 and A1 in Crl.M.P.Nos.5875 and 6162 of 2024 dated 16.10.2024 and 30.10.2024 respectively by the learned Principal District and Sessions Judge, Coimbatore.

For Petitioner(s) : M/s. C. Emalias For R1 (both petitions) : Mr. S. Udayakumar Government Advocate (Crl.Side) For R2 (both petitions) : Mr. P.N. Vignesh ******

ORDER

These criminal original petitions has been filed to cancel the bail granted to the second respondents/ A3 and A1 in Crl.M.P.Nos.5875 and 6162 of 2024 dated 16.10.2024 and 30.10.2024 respectively by the learned Principal District and Sessions Judge, Coimbatore.

2.

The learned counsel appearing for the petitioner/ defacto complainant submitted that the accused/ second respondents in Crl.O.P.Nos.5274 and 5313 of 2025 had violated the bail conditions imposed on them by the learned Principal District and Sessions Judge, Coimbatore in Crl.M.P.Nos.5875 and 6162 of 2024 dated 16.10.2024 and 30.10.2024, 2/6

respectively and threatened the witness of the case in Crime No.60 of 2024 of dire consequences; that for which the defacto complainant had lodged a separate complaint before the Sub-Inspector of Police, Tiruchengode and the same is registered in Crime No.301 of 2024, which was enquired and closed as mistake of fact; that the petitioner had also filed protest petition against the same, hence prays to cancel the bail granted to the accused/ second respondents in Crl.O.P.Nos.5274 and 5313 of 2025.

3.

The learned counsel appearing for the second respondents/ A3 and A1 in Crl.O.P.Nos.5274 and 5313 of 2025 submitted that the allegation made by the petitioner is false and the same was enquired and closed as mistake of fact, hence there is no violation of any bail conditions and prays to dismiss the petitions.

4.

The learned Government Advocate (Crl. Side) appearing for the first respondent submitted that, the subsequent complaint lodged by the petitioner/ defacto complainant on the ground that the accused/ A1 and A3 had threatened the witness of the case in Crime No.60 of 2024, for which a case in Crime No.301 of 2024 was registered and the same was enquired and the final report also filed as mistake of fact.

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5.

I have considered the submissions made on both sides and perused the materials available on record.

6.

Considering the above facts and circumstances and taking note of the fact that, though it is stated that the protest petition filed by the petitioner is pending, admittedly, the police have investigated the subsequent complaint lodged by the petitioner and as per their investigation, the allegation against the second respondents in Crl.O.P.Nos.5274 and 5313 of 2025 as on date is false, hence this Court finds that there is no reason to cancel the bail granted to the accused/ second respondents in Crl.O.P.Nos.5274 and 5313 of 2025. 7.

Accordingly, these criminal original petitions are dismissed. 06.11.2025 stn 4/6

To

1. The Principal District and Sessions Judge, Coimbatore.

2. The Inspector of Police, Central Crime Branch, Coimbatore City, Coimbatore. (Crime No.60 of 2024)

3. The Public Prosecutor, High Court of Madras.

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K. RAJASEKAR, J.

stn CRL OP NOS.5274 and 5313 of 2025 06.11.2025 6/6