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Madras High CourtCRL MP/18595/2022dismissed

Arun Kumar v. The State Rep By Its,

2023-01-04Honourable Mrs Justice T.V.Thamilselvi3 pages

in Crl.O.P.No.16511 of 2021 T.V.THAMILSELVI, J.

This petition has been filed to cancel the Anticipatory Bail granted to the second petitioner by this Court in Crl.O.P.No.16511 of 2021 vide order dated 15.09.2021.

2. The facts of the case earlier there was a dispute between the petitioner and the second respondent and a case in Cr.No.869 of 2021 was registered and Anticipatory Bail was granted to the second respondent by this Court in Crl.O.P.No.16511 of 2021 vide order dated 15.09.2021. Whileso, on 10.02.2022 one unknown person gave life threat to the petitioner by saying that you have to withdraw the complainant given by you against the second respondent if not you and your family will be put in trouble. Hence the petitioner prays this Court to cancel the anticipatory bail granted to the second respondent.

3.The learned counsel appearing for the petitioner would submit that the second respondent is giving life threat to the petitioner for which the petitioner has also given a complaint before the Commissioner of Police,

Tambaram on 11.02.2022. However he wants to cancel the anticipatory bail granted to the petitioner.

4. On perusal of records this Court finds that only one third party has threatened the petitioner and not the second respondent. Further more there is no evidence on the side of the petitioner to cancel the anticipatory bail granted to the petitioner.

5. Admittedly the case is of the year 2021 and the petitioner has been threatened on 10.02.2022 and the petitioner has also given a complaint before the Commissioner of Police, Tambaram on 11.02.2022. Hence there is no necessity to cancel the anticipatory bail granted to the petitioner.

6. In view of the above it is made clear that the petitioner has not made out a Prima facie for grant of the prayer sought for by the petitioner. Accordingly this petition is dismissed.

04.01.2023 smn

T.V.THAMILSELVI, J.

smn Crl.M.P.No.18595 of 2022 in Crl.O.P.No.16511 of 2021 04.01.2023