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Madras High CourtCRL OP(MD)/1227/2021dismissed

Monika Vinothkumar v. The Inspector Of Police

2023-03-08Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.1227 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.1227 of 2021 Monika Vinothkumar ... Petitioner/Defacto Complainant Vs 1.The State rep. by, The Inspector of Police, All Women Police Station, Alangulam, Tirunelveli District.

(Crime No.15/2019).

... 1st Respondent/Complainant

2. Vinothkumar ... 2nd Respondent/Accused No.1 For Petitioner : M/s.Niresh Kumar.R., Advocate.

For R - 1 : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- To cancel the order of anticipatory bail granted by the Learned District and Sessions Judge, Tirunelveli in Crl.M.P.No.10592 of 2019 vide order dated 23.01.2020.

ORDER : The Court made the following order :- This Criminal Original Petition has been filed to cancel the anticipatory bail granted to the second respondent by the learned District and Sessions Judge, Tirunelveli in Crl.M.P.No.10592 of 2019, dated 23.01.2020.

2.The only ground raised by the learned counsel appearing for the petitioner is that the second respondent failed to return the jewels.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.1227 of 2021 3.The learned Government Advocate (Criminal Side) appearing for the first respondent would submit that the first respondent completed the investigation and the same has been taken cognizance in C.C.No.4 of 2021 on the file of the learned Judicial Magistrate, Tenkasi and it is pending for trial.

4.On perusal of the order of the anticipatory bail granted in favour of the second respondent, there was no such condition, whereas whatever the condition imposed while granting anticipatory bail, the second respondent duly complied with the same and now the investigation has been completed and filed the final report and the same has been taken cognizance in C.C.No.4 of 2021 on the file of the learned Judicial Magistrate, Tenkasi and it is pending for trial. Hence, this Court finds no ground to cancel the bail granted to the second respondent. Accordingly, this Criminal Original Petition is dismissed.

sd/- 08/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PS TO

1. The District and Sessions Judge, Tirunelveli.

2. The Judicial Magistrate, Tenkasi.

3. Do through the Chief Judicial Magistrate, Tirunelveli.

4. The Inspector of Police, All Women Police Station, Alangulam, Tirunelveli District.

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

+1 CC to M/s.S.SIVA KUMAR, Advocate SR-14123[F]

ORDER

IN CRL OP(MD) No.1227 of 2021 Date : 08/03/2023 NA/BUC/SAR-3/17.03.2023/2P/7C https://www.mhc.tn.gov.in/judis 2/2