M. Padmanaban v. Durai Selvaraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.10.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.M.P.No.17017 of 2025 in Crl.O.P.No.29253 of 2023 M.Padmanaban ... Petitioner Vs.

1. Durai Selvaraj

2. Managandhi

3. State rep by The Inspector of Police, Tirupathur Taluk Police Station, Tirupathur District. ... Respondents (Crime No.681 of 2023) PRAYER : Criminal Miscellaneous Petition filed under Section 483(3) of Bharatiya Nagarik Suraksha Sanhita, to cancel the bail granted to the respondents 1 and 2/ Accused No.1 and 2 by this Hon'ble Court in Crl.OP.No.29253 of 2023 dated 29.12.2023.

For Petitioner : Mr.S.Anbazhagan For Respondents : Mr.R.Ramesh, for R1 and R2 : Mr.A.Gopinath Government Advocate (Crl.side) for R3

ORDER

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This petition has been filed seeking for cancellation of bail granted to the respondents 1 and 2/ Accused No.1 and 2 in Crl.OP.No.29253 of 2023 dated 29.12.2023 on the ground that respondents/A1 and A2 have filed a Writ Petition before this Court by suppressing the criminal case registered against them in Cr.No.683 of 2023 and subsequently they also started to take steps to evict the petitioner/defacto complainant from the disputed land. Since there is suppression of fact, the present petition has been filed seeking for cancellation of bail.

2.The learned Government Advocate (Crl.Side) appearing for the third respondent police reiterated the prosecution case and submitted that the respondents/A1 an A2 have regularly complied the conditions and thereafter investigation also completed and final report was also filed in C.C.No.109 of 2025 on the file of the learned Judicial Magistrate, Thirupathur.

3. The learned counsel appearing for the respondents /A1 and A2 submitted that A1 and A2 have not violated any conditions and they have complied with the conditions and opposed for cancellation of bail.

4. The major contention for cancelling the bail is that the respondents/A1 and A2 have suppressed the pendency of this criminal case 2/4

and obtained orders in the writ petition. If that being so, the petitioner has to approach the writ court and seek cancellation of order obtained in the writ Court and not by filing cancellation of bail petition. Since there is no suppression of material in this bail petition and they have also complied the condition and now the case is also pending trial in C.C.No.109 of 2025. Hence, there is no need for cancellation of bail.

5. Accordingly, this criminal miscellaneous petition stands dismissed. Vv To

1. The Judicial Magistrate-II, Tirupathur.

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

3.The Public Prosecutor, High Court of Madras, Chennai.

K.RAJASEKAR , J.

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Crl.M.P.No.17017 of 2025 in Crl.O.P.No.29253 of 2023 4/4

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