Madras High CourtCRL MP(MD)/2142/2018dismissed

Tmt. M. Vijayalakshmi v. Mr. B. Mohan

2018-04-02Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Second day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL MP(MD) No.2142 of 2018 IN CRL OP(MD) No.2065 of 2014 M. VIJAYALAKSHMI ... PETITIONER/DEFACTO COMPLAINANT Vs 1 B. MOHAN THE STATE REP.BY, 2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT.

(CRIME NO.5 OF 2014) 3 THE SUPERINTENDENT OF POLICE SUPERINTENDENT OF POLICE OFFICE, VIRUDHUNAGAR DISTRICT. RESPONDENTS/RESPONDENTS 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 to the 1st respondent granted by this Honourable Court in Crl.OP(MDNO. 2065 of 2014 dated 12.02.2014 Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.V.OM PRAKASH, Advocate for the petitioner and of MR.A.P.G.OHM CHAIRMA PRABHU, Government Advocate (Crl.side) for R2 & R3 the court made the following order:- The petitioner is the defacto complainant. Her husband is the accused. This Court granted Anticipatory Bail in his favour on 12.02.2014.

Thereafter, the case was charge sheeted. It was taken on file. Three witnesses has also been examined. 2.The primary grievance of the petitioner/defacto complainant is that the first respondent is absconding and thus delaying the trial proceedings. Therefore, the petitioner herein wants this Court to cancel the Anticipatory Bail already granted in favour of the first respondent.

3.This Court is of the view that relief can be given to the petitioner by directing the jurisdictional Magistrate to enforce the Non Bailable Warrant issued against the first respondent. https://hcservices.ecourts.gov.in/hcservices/

4.At this stage, the learned Government Advocate (Crl Side) submits that as of now no Non Bailable Warrant is pending against the first respondent.

5.The learned Judicial Magistrate, Aruppukottai is directed to expedite the trial in C.C.No.237 of 2014 and conclude the same on or before 30.06.2018.

6.With this direction, this Criminal Miscellaneous Petition is dismissed.

sd/- 02/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT.

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

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT.

4 THE SUPERINTENDENT OF POLICE SUPERINTENDENT OF POLICE OFFICE, VIRUDHUNAGAR DISTRICT.

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

+1. C.C. to M/S.V.OM PRAKASH Advocate SR.No.59410

ORDER

IN CRL MP(MD) No.2142 of 2018 IN CRL OP(MD) No.2065 of 2014 Date :02/04/2018 MKV-CM-VR-SAR 4/9.4.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/