S.Jayasamraj v. Mohamed Abusalihu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-12-2025
CORAM
THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL MP NO.2347 of 2025 in CRL OP NO.19795 of 2024 S. Jayasamraj ... Petitioner/ Defacto complainant Vs
1. Mohamed Abusalihu ... 1st Respondent/ Accused
2. State through, The Inspector of Police, R-11, Ramapuram Police Station, Chennai. (Crime No.105 of 2024) ... 2nd Respondent/ Complainant PRAYER: This criminal miscellaneous petition has been filed under Section 439(2) of BNSS to cancel the anticipatory bail granted to the first respondent herein by this Court in Crl.O.P.No.19795 of 2024 dated 21.08.2024. For Petitioner(s) : M/s. S. Kowsalya For Mr. T. Mohan For R1 : Not ready in notice For R2 : M/s. J.R. Archana Government Advocate (Crl.Side) ****** 1/4
ORDER
This criminal miscellaneous petition has been filed by the defacto complainant/ petitioner, to cancel the anticipatory bail granted to the first respondent herein by this Court in Crl.O.P.No.19795 of 2024 dated 21.08.2024 on the ground that the first respondent herein had not complied with the anticipatory bail conditions imposed on him by this Court. 2.
The learned counsel for the petitioner/ defacto complainant submitted that the first respondent herein had not complied with the anticipatory bail conditions imposed on him by this Court, vide order dated 21.08.2024 in Crl.O.P.No.19795 of 2024 and he is not present in the address mentioned by him in the anticipatory bail application for the past five years; that at the time of obtaining anticipatory bail, the first respondent had stated his address, as mentioned in his Aadhaar Card; that the first respondent has left India and went to some other country, hence prays to cancel the anticipatory bail granted by this Court to the first respondent herein.
3.
Though the notice was sent on the first respondent herein, it is returned as "no such person residing in the said address". 2/4
4.
The learned Government Advocate (Crl. Side) appearing for the second respondent herein submitted that the petitioner is not residing in the address, as mentioned by him in the anticipatory bail application; that further submitted that the petitioner neither executed sureties nor complied with the conditions as imposed on him by this Court, vide order dated 21.08.2024 in Crl.O.P.No.19795 of 2024.
5.
Considering the above facts, nature of offence, taking note of the fact that the first respondent herein had obtained anticipatory bail without staying in the address mentioned by him in the anticipatory bail application and also so far not complied with the anticipatory bail conditions imposed on him, this Court is inclined to cancel the anticipatory bail granted to the accused/ first respondent herein, vide order dated 21.08.2024 in Crl.O.P.No.19795 of 2024. 6.
Accordingly, this criminal miscellaneous petition is allowed. 02.12.2025 stn K. RAJASEKAR, J.
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stn To
1. The Inspector of Police, R-11, Ramapuram Police Station, Chennai. (Crime No.105 of 2024)
2. The Public Prosecutor, High Court of Madras.
CRL MP NO.2347of 2025 in CRL OP NO.19795 of 2024 02.12.2025 4/4