M.Narayana Moorthi.M v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of March Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL MP(MD) No.783 of 2023 IN CRL OP(MD) No.22169 of 2022 M.NARAYANA MOORTHI.M ... PETITIONER/DEFACTO COMPLAINANT Vs 1 THE STATE REPRESENTED BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, SIVAGANGAI DISTRICT (CRIME NO.22 OF 2022) ... RESPONDENT/RESPONDENT/COMPLAINANT 2 SETHURAJAN 3 SUBRAMANIAN 4 VIGNESH ... RESPONDENTS/PETITIONERS/ACCUSED No.1 TO 3 Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to cancel the order of Anticipatory Bail granted by this Honble Court in favor of the respondents No.2 to 4 in Crl.OP(MD) No.22169 of 2022 vide order dated 15.12.2022 in connection with the case in crime no.22 of 2022 registered by the Inspector of Police, District Crime Branch, Sivagangai District.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.ANAND.R, Advocate for the petitioner and of Mr.B.THANGAARAVINDH, Government Advocate(Crl.side) on behalf of the 1st Respondent, and Mr.T.VEERAKUMAR, Advocate for the 2nd respondent, the Court made the following order:- This Criminal Miscellaneous Petition has been filed to cancel the anticipatory bail granted to the respondents 2 to 4 by this Court vide order dated 15.12.2022 made in CRL.O.P.(MD)No.22169 of 2022 on the ground that they misrepresented before this Court and obtained anticipatory bail. In the first petition for anticipatory bail, they stated that there was an oral agreement for construction of the house, whereas, in the 2nd petition, they stated that part of https://www.mhc.tn.gov.in/judis

the construction was already over and at this juncture, there was a dispute between the petitioner and the respondents 2 to 4. Therefore, a false complaint has been foisted as against them as if they received money for getting a job to the niece of the petitioner herein.

2.The learned counsel appearing for the respondents 2 to 4 has also produced the complaint alleged as against the petitioner herein and also produced the photographs showing that he completed part of the construction as entrusted by the defacto complainant. 3.Per contra, the learned counsel for the petitioner produced the fake appointment order, as if the respondents 2 to 4 herein had given the same. In this regard, the respondents 2 to 4 also lodged a complaint against the petitioner on the allegation that he fabricated this appointment order and produced before the investigation officer.

4.Considering the rival submissions made on either side, this Court finds no substantial grounds to cancel the anticipatory bail granted to the respondents 2 to 4. Therefore, this Criminal Miscellaneous Petition stands dismissed.

sd/- 15/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE JUDICIAL MAGISTRATE NO.II, SIVAGANGAI.

DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, SIVAGANGAI DISTRICT THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to M/S.T.VEERAKUMAR, Advocate SR.No.4326

ORDER

IN CRL MP(MD) No.783 of 2023 IN CRL OP(MD) No.22169 of 2022 Date :15/03/2023 SS/CG/SAR I/20/03/2023/2P/6C https://www.mhc.tn.gov.in/judis