M.Padmanaban v. Anbuselvi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-11-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.24658 of 2025 M. Padmanaban ... Petitioner/ defacto complainant Vs

1. Anbuselvi ... 1st Respondent/ A3

2. State rep. by, The Inspector of Police, Tirupathur Taluk Police Station, Tirupathur District.

(Crime No.681 of 2023) ... 2nd Respondent/ Complainant PRAYER: This criminal original petition has been filed under Section 483(2) of BNSS to cancel the bail granted to the first respondent herein in C.R.M.P.No.883 of 2024 dated 07.02.2024 by the learned Judicial Magistrate No.2, Tirupathur.

For Petitioner(s) : Mr. S. Anbazhagan For R1 : Mr. M. Nirmal Kumar For R2 : Mr. S. Udayakumar Government Advocate (Crl.Side) ****** 1/4

ORDER

This criminal original petition has been filed by the defacto complainant/ petitioner, to cancel the bail granted to the first respondent herein by the learned Judicial Magistrate No.2, Tirupathur in C.R.M.P.No.883 of 2024 dated 07.02.2024.

2.

The learned counsel appearing for the petitioner/ defacto complainant submitted that the accused by suppressing the pendency of the criminal case against him had obtained order in her favour in W.P.No.35206 of 2023; that since vital information has been suppressed by the petitioner in the writ petition, the bail granted to the petitioner in connection with Crime No.681 of 2023 by the learned Judicial Magistrate No.2, Tirupathur in Crl.M.P.No.883 of 2024 dated 07.02.2024 has to be cancelled. 3.

Heard the learned counsel for the first respondent and the learned Government Advocate (Crl. Side) appearing for the second respondent. 4.

Considering the aforesaid facts and circumstances, this Court is of 2/4

the view that if the petitioner/ defacto complainant finds any suppression in obtaining writ petition order, the petitioner has to approach the Writ Court to cancel the order passed in writ petition and not before this Court for cancellation of bail already granted to the first respondent in a criminal case. 5.

Considering the above facts, this Court finds that the reason stated by the defacto complainant is not acceptable and there is no reason to cancel the bail granted to the accused/ first respondent. 6.

Accordingly, this criminal original petition is dismissed. 06.11.2025 stn To

1. The Inspector of Police, Tirupathur Taluk Police Station, Tirupathur District.

(Crime No.681 of 2023)

2. The Judicial Magistrate No.2, Tirupathur. 3/4

K. RAJASEKAR, J.

stn

3. The Public Prosecutor, High Court of Madras.

CRL OP NO.24658 of 2025 06.11.2025 4/4