Indhirani v. S.Muthukumar

CRL MP(MD) No.710 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirty First day of January Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL MP(MD) No.710 of 2022 IN CRL OP(MD) No.18161 of 2021 INDHIRANI ... PETITIONER/DEFACTO COMPLAINANT Vs 1 S.MUTHUKUMAR ...1stRESPONDENT/PETITIONER /SOLE ACCUSED 2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, TIRUNELVELI (CR.NO.1 OF 2020) ... 2nd RESPONDENT/RESPONDENT/COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to cancel the bail granted to the R1/Petitioner/Accused in Crl O.P (MD) No. 18161 of 2021 on the file of this court dated 25.11.2021.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of MR.C.JEYAPRAKASH, Advocate for the petitioner and of MR.A.S.VAIGUNTH,Advocate on behalf of the 1st Respondent and of MR.R.MEENAKSHI SUNDARAM, Additional Public Prosecutor for the 2nd Respondent,the court made the following order:- This Criminal Miscellaneous Petition has been filed seeking orders to cancel the bail granted by this Court in Crl.O.P.(MD) No.18161 of 2021 dated 25.11.2021.

2.When the matter is taken up for hearing today, the learned counsel for the petitioner and the learned counsel for the first respondent are present.

3.The main contention of the petitioner is that the first respondent after getting bail, on 06.12.2021 at about 05.00 p.m. came to the petitioner's house and threatened the petitioner and her family members to withdraw the above case and that the first respondent has also intimidated them that he would murder them and tamper the evidence.

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CRL MP(MD) No.710 of 2022 4.The learned counsel for the petitioner would submit that the petitioner has lodged a complaint on 10.12.2021 but, no action was taken and that therefore, the petitioner was constrained to file the above petition for cancellation of bail.

5.The learned Additional Public Prosecutor would submit that after receipt of the complaint, dated 10.12.2021, the second respondent has conducted enquiry and at that time, the petitioner as well as the first respondent have entered appearance. He would also submit that the first respondent has specifically stated that he will not threaten the petitioner and her family members anymore. He would further submit that the petitioner, after coming to know about the statement made by the first respondent, has given a letter, dated 22.01.2022, to the effect that no further action is necessary. 6.Moreover, except the above reason, the petitioner has not shown any other valid reason or ground for cancelling the bail. Since the petitioner herself has stated that 'no further action' is necessary and her complaint dated 10.12.2021 was ordered to be closed as 'no further action' is necessary, nothing survives for further adjudication. Hence, this criminal miscellaneous petition is dismissed.

sd/- 31/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE PRINCIPAL SESSION COURT, TIRUNELELI.

THE JUDGE, MAHILA COURT,TIRUNELVELI.

3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TIRUNELVELI.

THE SUPERINTENDENT,CENTRAL PRISON, PALAYAMKOTTAI.

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

ORDER

IN CRL MP(MD) No.710 of 2022 IN CRL OP(MD) No.18161 of 2021 csm Date :31/01/2022 PKP/JM/SAR-3/09.02.2022/3P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2