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Madras High CourtCRL MP(MD)/663/2020dismissed

Daria v. The Inspector Of Police

2023-03-16Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL MP(MD) No.663 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixteenth day of March Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL MP(MD) No.663 of 2020 IN CRL OP(MD) No.7910 of 2019 DARIA ... PETITIONER/DEFACTO COMPLAINANT Vs 1 STATE REP. BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUVERUMBUR, TRICHIRAPPALI.

CR NO. NOT KNOWN OF 2019 ... 1ST RESPONDENT/1ST RESPONDENT 2 SUNIL SAMUEL 3 ANBUROSE 4 KIRUPANCHALI ... RESPONDENTS NO.2 TO 4/PETITIONERS 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 order passed by this Honourable Court in Crl.O.P.(MD) NO.7910 of 2019, dated 23/07/2019. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.K.ARUNRAJ, Advocate for the petitioner and of M/S.B.THANGA ARAVINDH, Government Advocate (Crl.Side) on behalf of the Respondent No.1, the court made the following order:- This Criminal Miscellaneous Petition has been filed to cancel the anticipatory bail granted to the respondents 2 to 4 by this Court vide order dated 23.07.2019 made in CRL.O.P.(MD)No.7910 of 2019 on the ground that the second respondent failed to comply with the undertaking affidavit filed before this Court, while obtaining anticipatory bail.

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

CRL MP(MD) No.663 of 2020 2.The petitioner is the wife of the second respondent. After marriage, there was a misunderstanding and they got separated. Thereafter, the petitioner has lodged a complaint and while pending enquiry, the respondents 2 to 4 herein filed a petition for anticipatory bail. During the pendency of anticipatory petition, the second respondent herein filed an affidavit stating that the matter was settled between the petitioner and the second respondent before the Mediation Centre. As per compromise, the second respondent is ready to give a sum of Rs.5,00,000/- to the petitioner herein. However, after payment of Rs.1 lakh, the second respondent failed to pay the remaining amount of Rs.4 lakhs.

3. On perusal of anticipatory bail order passed by this Court, taking into consideration of the aforesaid compromise arrived between the parties, this Court granted anticipatory bail. At this juncture, no FIR is registered as against the respondents 2 to 4 herein.

4. In view of the above facts, this Court finds no valuable grounds to cancel the anticipatory bail granted to the respondents 2 to 4 herein. Therefore, this Criminal Miscellaneous Petition stands dismissed.

sd/- 16/03/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

VSD TO 1 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUVERUMBUR, TRICHIRAPPALI.

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

ORDER

IN CRL MP(MD) No.663 of 2020 IN CRL OP(MD) No.7910 of 2019 Date :16/03/2023 NA/BUC/SAR-3/17.04.2023/2P/3C https://www.mhc.tn.gov.in/judis 2/2