A.Divya v. N.Elanchelian

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-11-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.27690 of 2025 A. Divya ... Petitioner/ Defacto complainant Vs

1. N. Elanchelian ... 1st Respondent/ Accused

2. State rep. by, The Inspector of Police, T-19 Kelambakkam Police Station, Kellambakkam.

(Crime No.180 of 2025) ... 2nd Respondent/ Complainant PRAYER: This criminal original petition has been filed under Section 483(3) of BNSS to cancel the bail granted to the first respondent herein in Crl.M.P.No.1506 of 2025 dated 04.06.2025 by the learned Principal District and Sessions Judge, Chengalpattu.

For Petitioner(s) : Mr. S. Kathiravan For R1 : Mr. K. Akshon 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 Principal District and Sessions Judge, Chengalpattu in Crl.M.P.No.1506 of 2025 dated 04.06.2025.

2.

The learned counsel appearing for the petitioner/ defacto complainant submitted that the accused/ first respondent had misused the bail conditions imposed on him by the learned Principal District and Sessions Judge, Chengalpattu in Crl.M.P.No.1506 of 2025 dated 04.06.2025 and threatened the defacto complainant by showing knife; that for which the defacto complainant had lodged a separate complaint and the same was also enquired by the respondent police; that since the accused/ first respondent is continuously threatening the defacto complainant, hence prays to cancel the bail granted to the accused/ first respondent.

3.

Heard the learned counsel for the first respondent. 2/4

4.

The learned Government Advocate (Crl. Side) appearing for the second respondent submitted that CSR No.1095 of 2025 was registered based on the second complaint lodged by the defacto complainant and the same was closed as early on 10.09.2025, during enquiry R1 has also tendered apology. He also submitted that the investigation of the case in Crime No.180 of 2025 was completed and the final report also filed, which is yet to be taken on file. 5.

I have considered the submissions made on both sides and perused the materials available on record.

6.

Considering the above facts and circumstances, the fact that the bail to the first respondent was granted on 04.06.2025 and the subsequent complaint was lodged by the defacto complainant in the month of September 2025, which was enquired and closed by the respondent police and taking note of the fact that the investigation of the case in Crime No.180 of 2025 was completed and final report filed, this Court is of the view that, cancellation of bail granted to the accused/ first respondent, at this stage is not necessary. 3/4

K. RAJASEKAR, J.

stn 7.

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

1. The Inspector of Police, T-19 Kelambakkam Police Station, Kellambakkam.

(Crime No.180 of 2025)

2. The Public Prosecutor, High Court of Madras.

3. The Principal District and Sessions Judge, Chengalpattu.

CRL OP NO.27690 of 2025 4/4