Tmt.A.Amsumani @ Karuppayee v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Nineteenth day of March Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL MP(MD) No.2402 of 2019 IN CRL OP(MD) No.792 of 2019 TMT.A.AMSUMANI @ KARUPPAYEE ... PETITIONER/DEFACTO COMPLAINANT Vs 1 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, USILAMPATTI, MADURAI DISTRICT.
(CRIME.NO.7/2018) ...RESPONDENT/COMPLAINANT 2 ANBALAGAN, ...2nd RESPONDENT/1st ACCUSED 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 in favour of the 2nd respondent/ 1st accused in the above Crl.OP.(MD)No.792/2019 dated 29.01.2019 and secure the 2nd respondent / 1st accused. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.P.MAHENDRA PANDI, Advocate for the petitioner and of Mr.K.SUYAMBULINGA BHARATHI,Government Advocate (Crl Side) for R1, the court made the following order:- This petition has been filed to cancel the anticipatory bail granted to the petitioner in Crl.O.P(MD) No. 792 of 2019, dated 29.01.2019.
2. This Court granted anticipatory bail to the petitioner on condition to pay monthly maintenance of Rs.20,000 /- to the defacto complainant, failing which the order shall stand automatically cancelled.
3. The learned counsel for the petitioner would submit that though this Court granted order to pay monthly maintenance, however it was not paid, hence he has filed the cancellation of anticipatory bail petitioner.
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4. This Court makes in clear in Clause 6(e) of the order dated
29.01.2019 , it is seen that on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]
5. Hence the cancellation of bail application is closed with liberty to the petitioner to file appropriate petition before the trial court for appropriate necessary action. sd/- 19/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, USILAMPATTI, MADURAI DISTRICT.
2. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
PS/JC/SAR-2/22.03.2019/2P/3C
ORDER
IN CRL MP(MD) No.2402 of 2019 IN CRL OP(MD) No.792 of 2019 Date :19/03/2019 https://hcservices.ecourts.gov.in/hcservices/