Madras High CourtCRL MP(MD)/1627/2018dismissed

R.Rajeshwari v. The Inspector Of Police

2018-06-13Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirteenth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL MP(MD) No.1627 of 2018 IN CRL OP(MD) No.9755 of 2017 R.RAJESHWARI ... PETITIONER / PROPOSED RESPONDENT / DE-FACTO COMPLAINANT Vs 1 THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, RAJAPALAYAM NORTH POLICE STATION, VIRUDHUNAGAR DISTRICT.

(CRIME NO.428 OF 2017) 2 SUGANTHI ... RESPONDENT No.1 / RESPONDENT / COMPLAINANT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to cancel the anticipatory bail granted to the Respondent No. 2 in Crl.O.P.(MD).No.9755 of 2017 by the order dated 28.07.2017 passed by this Honourable Court Order: This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.S.MALAIKANI, Advocate for the petitioner and of Mr.M.ASHOKAN, Government Advocate for R1 and of Mr.C.ARUNMOZHI RAJASHANKAR, Advocate for R2 the court made the following order:- Learned counsel for the petitioner is present. Learned Government Advocate appearing for R1 is present. Counsel for 2nd respondent / accused is also present.

2. Accused was granted anticipatory bail as per the order of this Court, dated 28.07.2017 in Crl.O.P(MD)No.9755 of 2017. Learned Government Advocate (crl.side) appearing for the first respondent states that investigation was taken up in this case and CCTV footage was considered by the investigation officer and several witnesses were examined and the investigation officer came to the conclusion that the case was undetected and the same was closed as undetected and final report was also filed before the concerned Magistrate, after giving notice to the defacto complainant. The copy of the https://hcservices.ecourts.gov.in/hcservices/

final report along with two CDs in respect of CCTV footage, which were considered for investigation in this case were also filed.

3. The reason assigned for cancellation of bail against the accused is not legally tenable at this stage, since investigation was completed in this case and final report was filed before the concerned Magistrate as undetected.

4. Considering the above facts and circumstances, this petition stands dismissed.

sd/- 13/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE RAJAPALAYAM NORTH POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1. CC to M/S.S.MALAIKANI Advocate SR.No.10403.

ORDER

IN CRL MP(MD) No.1627 of 2018 IN CRL OP(MD) No.9755 of 2017 Date :13/06/2018 SDS/CM:VR/RNB/21.06.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/