K.Saraswathi v. The Inspector Of Police

CRL MP(MD). No.1154 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Criminal Jurisdiction ) Date : 02/03/2020 PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL MP(MD). No.1154 of 2020 in CRL OP(MD). No.18389 of 2019 K.Saraswathi ... Petitioner/Defacto Complainant Vs

1. The State Rep by The Inspector of Police, Ulagampatti Police Station, Sivagangai District.

...1st Respondent /Respondent Complainant

2. Vishal Alias Manikandan ...2nd Respondent/1st Petitioner/ Accused No.8

3. Veeramani, ... 3rd Respondent/2nd Petitioner Accused No.9 For Petitioner : Mr.R.M.Makesh Kumaravel, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PRAYER :- To cancel the bail of the 2nd and 3rd respondents herein who are the petitioners in Crl.O.P.(MD) No.18389 of 2019 dated 09/12/2019 in connection with Crime No.72 of 2019 on the file of the 1st respondent police and thus render justice.

ORDER : The Court Made the following order :- This petition has been filed to cancel the bail granted by this Court on 09.12.2019, for the alleged offences under Section 302 of IPC. The case of murder of a politician, wherein, nine persons were arrayed as accused. The respondents 2 and 3 are accused Nos.8 and 9, for whom, this Court has granted bail on 09.12.2019. While granting bail, this Court has taken note of the submission made by https://hcservices.ecourts.gov.in/hcservices/

CRL MP(MD). No.1154 of 2020 the counsel that the second respondent/first petitioner is a college student. Whereas now the wife of the deceased, who is the petitioner/de-facto complainant, has taken out the application to cancel the bail on the ground that the respondents 2 and 3 were not students, but masons by profession. By suppressing the fact and misleading the Court, the respondents 2 and 3 have obtained bail. Therefore, it has to be cancelled.

2.A perusal of the bail petition, this Court finds that the respondents 2 and 3 were granted bail, taking note of the role played in the crime and not merely on the point, they were college students.

3.The learned Government Advocate (Crl. side) would submit that the respondents 2 and 3 are complying the bail condition imposed by this Court and co-operating for investigation. 4.In the said circumstances, this Court is of the view that cancellation of bail does not warrant and hence, this Criminal Original Petition is dismissed.

sd/- 02/03/2020 / TRUE COPY / /03/2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

sji To

1. The Sessions Judge, Special Court For Exclusive Trial of Cases Under SC/ST(POA) Act, 1989, Sivagangai.

2. The Inspector of Police, Ulagampatty Police Station, Sivagangai District.

3. The Superintendent,, Central Prison, Madurai.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.MAKESH KUMARAVEL, Advocate ( SR-4652[I] dated 03/03/2020 )

ORDER

in CRL MP(MD) No.1154 of 2020 in CRL OP(MD). No.18389 of 2019 Date : 02/03/2020 KK/SKN/SAR2/06.03.2020/2P-6C https://hcservices.ecourts.gov.in/hcservices/