Maheswari @ Aysha v. Mala

CRL MP(MD) No.587 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirtieth day of March Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL MP(MD) No.587 of 2023 IN CRL OP(MD) No.21549 of 2022 MAHESWARI @ AYSHA ... PETITIONER/3rd PARTY/ DEFACTO COMPLAINANT Vs 1 MALA 2 ABIRAMI 3 MEENA ... RESPONDENTS/PETITIONERS 2 TO 4/ ACCUSED 2 TO 4 4 THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THILAGAR THIDAL, MADURAI CITY.

CR. NO. 52 OF 2022 ... RESPONDENT/RESPONDENT/ COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to cancel the anticipatory bail granted to the 1 to 3 respondents in Crl O.P (MD) No. 21549 of 2022 order dated 06.12.2022 on the file of this Hon'ble Court.

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.NAVANEETHARAJA.K, Advocate for the petitioner and of Mr.B.THANGA ARAVINDH, Government Advocate(crl.side) on behalf of the 4th Respondent, the court made the following order:- This petition has been filed for cancellation of anticipatory bail granted by this Court to the respondents 1 to 3 herein in Crl.O.P(MD).No.21549 of 2022 dated 06.12.2022 on the ground that subsequent to the bail granted to the respondents 1 to 3, they involved another crime as against the petitioner, for which, another https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.587 of 2023 FIR has been registered in Crime No.1031 of 2022 for the offences punishable under Sections 294(b) and 323 of IPC and Section 4 of the Tamil Nadu Prohibition of Women Harassment Act, 2002.

2. On perusal of subsequent FIR, it was revealed that the respondents 1 to 3 herein attacked the defacto complainant. There is no allegation that the petitioner was compelled to withdraw the earlier complaint and now, the petitioner filed the application to cancel the anticipatory bail. It is also seen that the petitioner lodged so many complaints as against various persons and the same were pending. That apart, in the subsequent FIR, the Inspector of Police, Thilagar Thidal Police Station, Madurai, has completed the investigation and filed a final report before the concerned jurisdictional Magistrate Court. Therefore, the petitioner failed to make any ground to cancel the anticipatory bail granted to the respondents 1 to 3. Accordingly, the Criminal Miscellaneous Petition is dismissed.

sd/- 30/03/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

RMK TO 1 THE JUDGE, SPECIAL COURT FOR POCSO ACT CASES, MADURAI.

2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THILAGAR THIDAL, MADURAI CITY.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL MP(MD) No.587 of 2023 IN CRL OP(MD) No.21549 of 2022 Date :30/03/2023 SA/VR/SAR.4/11.04.2023/2P/4C https://www.mhc.tn.gov.in/judis 2/2