Vanitha v. Jegaveerapandiyan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2020 CORAM: THE HONOURABLE Mr.JUSTICE N.SESHASAYEE Crl.O.P.No.29943 of 2019 Vanitha .... Petitioner / Defacto complainant Vs 1.Jegaveerapandiyan .... 1st Respondent / Accused 2.The Station House Officer All Women Police Station, Cuddalore District.

Crime No.14 of 2019 .... 2nd Respondent Prayer :- Criminal Original Petition filed under Section 439(2) of Cr.P.C. To cancel the bail granted to 1st respondent in C.M.P.No.1710 of 2019, dated 07.06.2019, by the Hon'ble Judicial Magistrate-II, Panruti.

For Petitioner : Ms.R.Raji For Respondent : Mr.N.Ramesh [R1] Ms.S.Thankira, Government Advocate [Crl Side] for R2

ORDER

The petitioner herein is the defacto complainant in Crime No.14 of 2019, wherein the first respondent is her husband, who faces accusation for the offences punishable under Section 498A, 294(b) and 506(i) IPC., The case is charge sheeted and now pending before the Judicial Magistrate Court No.II, Panruti in C.C.No.266/2019. The defacto complainant, now seeks cancellation of bail at this stage and hence, she is before this Court.

2. The learned counsel for the petitioner submitted that the first respondent is making preparation to escape the jurisdiction of Court and to go abroad.

3. The learned counsel for the first respondent submitted that the first respondent would submit to the jurisdiction of the Court concerned and that he has no immediate plans to go abroad and if at all, there is any compelling need for him to go abroad, he will obtain necessary permission from the concerned Court, since his right to go abroad cannot be curtailed in view of the https://hcservices.ecourts.gov.in/hcservices/

judgment reported in Meneka Gandhi Vs. Union of India [(1978) 1 SCC 248].

4. The learned Government Advocate [Criminal Side] submits that in this case, the first respondent [A1] evades summons, whereas his father, who received summons, is appearing before the respondent-police. She further added that the next posting of this case before the Court concerned is on 04.03.2020.

5. The learned counsel appearing for the petitioner now seeks permission of this Court to withdraw this petition and both the parties undertake to appear before the Court concerned to work out their remedy.

6. Recording the above, this criminal original petition is dismissed as withdrawn.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar ds To:

1. The Judicial Magistrate-II, Panruti.

2. The Public Prosecutor High Court, Madras.

+1cc to Mr.N.Ramesh, Advocate SR.No.21886 (13/03/2020) Crl.OP.No.29943 of 2019 CNR(CO) CB(28/02/2020) https://hcservices.ecourts.gov.in/hcservices/