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Madras High CourtCRL OP/24904/2018closed

S.Shalini v. State Rep. By

2018-11-09Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.11.2018

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.24904 of 2018 S.Shalini ... Petitioner/De-facto Complainant Vs.

1.State: Rep. by, Inspector of Police, All Women Police Station, Vadapalani, Chennai (Cr.No.14 of 2018) 2.Harish K.P.

... Respondents/Complainant Prayer:

Petition filed under Section 439(2) of Cr.P.C., seeking to cancel the bail granted to the second respondent/ accused in Crl.O.P.No.22289 of 2018 dated 28.09.18 passed by this Hon'ble Court in Cr.No.14 of 2018 on the file of the respondent police and be committed to custody until further order. For Petitioner : Ms.Malini George For Respondents : Mr.R.Ravichandran Government Advocate (Crl.Side)

O R D E R

The petitioner has filed this petition seeking cancellation of bail under Section 439(2) of Cr.P.C. against the order dated 28.09.2018 made in Crl.O.P.No.22289 of 2018 by this Court. 2.Based on the complaint lodged by the petitioner/ defacto complainant, a case in Crime no.14 of 2018 was registered by the first respondent Police against the second respondent. Thereafter, the second respondent approached this Court for grant of anticipatory bail and anticipatory bail was granted to the second respondent on 28.09.2018. The petitioner herein apprehends that since the second respondent was granted anticipatory bail by this Court, the second respondent may abscond to a foreign country. On the sole apprehension, this petition seeking cancellation of anticipatory bail granted to the second respondent has been filed by the petitioner. 3.The learned counsel appearing for the second respondent would submit that this Court while granting anticipatory bail to the second respondent directed the second respondent to appear https://hcservices.ecourts.gov.in/hcservices/

before the first respondent police daily at 10.30 a.m., and the second respondent is complying with the said condition regularly for the past one month. He would further submit that since the petitioner apprehends that the second respondent may abscond to a foreign country, the second respondent is ready to surrender his passport before the concerned Police Authorities on or before 19.11.2018.

4.Since the second respondent is ready to surrender his passport on or before 19.11.2018 before the concerned Police Authorities, the condition already imposed on the second respondent vide order dated 28.09.2018 made in Crl.O.P.No.22289 of 2018, directing him to appear before the first respondent police daily at 10.30 a.m. is hereby relaxed and the petitioner shall appear before the respondent police, as and when required for interrogation on receipt of summons.

5.On the above terms, this criminal original petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar pri To 1.The Inspector of Police, All Women Police Station, Vadapalani, Chennai (Cr.No.14 of 2018) 2.The Public Prosecutor, High Court of Madras, Chennai 600 104.

+3ccs to Mrs.Malini George, Advocate, S.R.No.77790 (11/12/2018) Crl.O.P.No.24904 of 2018 BS(CO) rrs 07/12/2018 https://hcservices.ecourts.gov.in/hcservices/