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Madras High CourtCRL OP/13867/2016allowed

Kavitha v. The State Rep By Its

2016-08-22Honourable Mr Justice S. Vaidyanathan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2016

CORAM:

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN Crl.O.P.No.13867 of 2016 Kavitha ... Petitioner/Defacto Complainant vs.'

1. State, represented by The Inspector of Police, W-22, AT Women Police Station, Mylapore, Chennai 600 004.

... Respondent 2.Arumam @ Joshwa Arunan S/o. Kalyanasundaram ... Respondent/Accused Criminal Original Petition filed under Section 439(2) of Cr.P.C., praying to cancel the anticipatory bail granted in Crl.O.P.No.10812 of 2016 dated 19.05.2016.

For Petitioner : Mr. Adi Narayana Rao For Respondent : Mr. Mohammed Riyaz Govt. Advocate (Crl.side) (R1)

O R D E R

This petition is filed seeking to cancel the anticipatory bail granted in Crl.O.P.No.10812 of 2016, dated 19.05.2016.

2. When the matter is taken up for hearing, learned counsel appearing for the petitioner/defacto complainant submits that as ordered by this Court on 27.07.2016, he had taken notice to the second respondent/accused and the same had been returned as 'addressee left'. He has also filed Affidavit of Service to that effect.

3. Learned counsel appearing for the petitioner/defacto complainant would submit that the accused being the police personnel is not complying the conditions imposed by this Court and he is evading to accept the notice also.

4.Learned Government Advocate (Crl.side) would submit that the accused has not complied with the conditions imposed by this Court. Moreover, the accused had married another 5 ladies other than the defacto complainant.

5. Since the accused had not complied with the condition imposed by this Court and also in view of the fact that the accused had cheated another five ladies like that of the defacto complainant, this Court is inclined to cancell the anticipatory bail granted to the accused.

6. Hence, this petition seeking cancellation of anticipatory bail granted in Crl.O.P.No.10812 of 2016, dated 19.05.2016 is allowed. The first respondent is directed to secure the accused forthwith. 22.08.2016 smi

S.VAIDYANATHAN, J.

smi Crl.O.P.No.13867 of 2016 22.08.2016