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Madras High CourtCRL MP(MD)/1265/2020dismissed

G.Karuppaiah v. The Inspector Of Police

2020-02-12Honourable Mr Justice G.R.Swaminathan2 pages

CRL MP(MD). No.1265 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Criminal Jurisdiction ) Date : 12/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL MP(MD). No.1265 of 2020 in CRL OP(MD). No.94 of 2020 G.Karuppaiah ... Petitioner/ Defacto Complainant Vs

1. State Rep.by The Inspector of Police, District Crime Branch, Madurai.

(In Crime No.43 of 2019) ... 1st Respondent/ Respondent/ Complainant

2. V.Ramaraj ... 2nd Respondent/ Petitioner/ Accused For Petitioner : M/s.S.Sades Kumar, Advocate.

For Respondent 1 : Mr.A.Robinson, Government Advocate (Crl.Side) For R2 : Mr.T.Lajapathi Roy, Advocate PETITION FOR CANCELLATION OF BAIL Under Sec.482 of Cr.P.C PRAYER :- to cancel the anticipatory bail order passed in Crl.OP(MD) No.94/2020 dated 07.01.2020 by this Hon'ble Court. ORDER : The Court Made the following order :- The petition has been filed to cancel the anticipatory bail order passed in CRL OP(MD) No.94 of 2020.

2.Heard the learned counsel either side.

3.This Court had granted anticipatory bail to the second respondent herein by taking note of the fact that he is aged about 67 years and the case against him rests on documentary evidence. It was also observed that a civil suit is pending between the rival https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD). No.1265 of 2020 parties in respect of the management of the sangam in question. To cancel the same, this Criminal Miscellaneous Petition is filed. 4.I am of the view that none of the grounds set out in the petition are sufficient for cancelling the anticipatory bail already granted. If the petitioner herein wants to recover money from the second petitioner herein, it is always open to the petitioner to file a civil suit for the same. A petition for cancellation of anticipatory bail already granted cannot be used as a leverage to settle the civil dispute.

5.With this observation, this Criminal Miscellaneous Petition is dismissed.

sd/- 12/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, MADURAI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, MADURAI.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1CC TO Mr.S.SADESKUMAR, Advocate, Sr No.6490 +1CC TO Mr.T.Lajapathi Roy, Advocate, sr No.3130

ORDER

IN CRL MP(MD) No.1265 of 2020 IN CRL OP(MD) No.94 of 2020 Date :12/02/2020 MS/PN/SAR-4/19.02.2020/2P.7C https://hcservices.ecourts.gov.in/hcservices/ 2/2