M.Kamatchi v. K.Vijayarani
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Seventh day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL MISCELLANEOUS PETITION No.5423 of 2022 IN CRL OP.18020/2014 M.KAMATCHI [PETITIONER/DE-FACTO COMPLAINANT] Vs 1 K.VIDHYARANI [ RESPONDENTS/ACCUSED ] 2 STATE REP BY THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, COIMBATORE DISTRICT.
CRIME NO.432 OF 2017.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Cancel the Anticipatory bail Granted to the 1st respondent in Crl.OP.18020/2014 dated 11.11.2014 pass such further or other orders. 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 J.POTHIRAJ, Advocate for the petitioner, and of MR.A.DAMODARAN, Additional Public Prosecutor, on behalf of the 2nd Respondent, the court made the following order:- This petition has been filed by the petitioner/defacto complainant to cancel the anticipatory bail granted to the first respondent herein/petitioner by this Court in Crl.O.P.No. 18020 of 2014 by an order dated 11.11.2014.
2. A perusal of the order passed by this Court reveals that the first respondent was granted interim anticipatory bail for a period of eight months for the reason that the parties had agreed to rectify the plan. Further the petitioner and the defacto complainant agreed that if some more time is given, they will be able to resolve the disputes.
3. The learned counsel for the petitioner/defacto complainant would submit that the first respondent did not come forward to settle the issue, as agreed before this Court, while obtaining the interim anticipatory bail. He further submitted that she did not know about the final order being passed by this Court in Crl.O.P.No.18020 of 2014.
4. The learned Additional Public Prosecutor would submit that after completion of investigation in Crime No.26 of 2014, the Investigating Agency has taken cognizance for the offences under Sections 465, 468, 467 and 420 of IPC by the Trial Court and now the trial is pending.
5. Accordingly, considering the fact that the second respondent had completed investigation and trial is now pending, this Court is not inclined to cancel the interim anticipatory bail, that too, when the defacto complainant had stated that she had no knowledge of the fact that the final order had been passed by this Court in Crl.O.P.No.18020 of 2014 as early as on 11.11.2014. 6.
In the result, this Criminal Miscellaneous Petition is dismissed.
-sd/- 07/06/2022 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.VI, COIMBATORE.
2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, COIMBATORE DISTRICT.
C.C. to M/S J.POTHIRAJ Advocate on payment of necessary charges Order in CRL MP.5423/2022 in CRL OP.18020/2014 Date :07/06/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-04/07/2022