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Madras High CourtCRL MP(MD)/5976/2019dismissed

E.M.G.S.Arun Pothiraj v. Boomirajan

2019-07-02Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/07/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL MP(MD). No.5976 of 2019 in CRL OP(MD).NO.8722 of 2019 E.M.G.S.Arun Pothiraj, ... 3rd Party/Intervener Vs

1. Boomirajan,

2. Pandiyarajan,, ... Respondents/Respondents

3. The Sub Inspector of Police, Thallakulam Police Station, Madurai District (Cr.No.896/2019).

... Respondents/Respondents For Petitioner : M/s.S.M.A.Jinnah, Advocate.

For Respondent : Mrs.M.Anantha Devi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- To permit the petitioner to intervene in the Crl.OP(MD)No.8722 of 2019 which was filed by the Respondent No.1 for Anticipatory bail and pass such further or other orders as this Honourable Court. ORDER : The Court Made the following order :- This petition has been filed by the petitioner seeking permission of the Court to intervene the above criminal original petition.

2.The learned counsel for the petitioner has submitted that the accused persons have encroached the land of the petitioner and hence he wants to interfere in this petition.

https://hcservices.ecourts.gov.in/hcservices/

3.If the accused persons have encroached the land of the petitioner herein, it is open to the petitioner to lodge a complaint against the said accused persons and workout his remedy. In so far as this case is concerned, the petitioner is neither a defacto complainant nor victim and hence he is not entitled to participate in this case.

4.Considering the aforesaid facts, the petitioner has no locus standi to oppose the main criminal original petition. 5.Hence, this criminal miscellaneous petition is dismissed. sd/- 02/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE SUB INSPECTOR OF POLICE THALLAKULAM POLICE STATION, MADURAI DISTRICT.

2. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.S.M.A,JINNAH, Advocate ( SR-11047[I] dated 04/07/2019 )

ORDER

IN CRL MP(MD) No.5976 of 2019 IN CRL OP(MD) No.8722 of 2019 Date :02/07/2019 vsg AE/VR/SAR-II (10.07.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/