Madras High CourtCRL OP(MD)/20661/2015dismissed

M. Marieeswari v. Selvaguru

2016-02-02Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)Nos.20661 and 20383 of 2015 Crl.O.P.(MD)No.20661 of 2015 M.Marieeswari ... Petitioner/Prosecution Witness No.7 Vs.

1.Selvaguru 2.Anandh 3.Sankar 4.Prakash 5.Vijay @ Kurankatti 6.Muthazhagu ... Respondents/Accused Nos.1 to 6 7.The State represented through The Inspector of Police, Virudhunagar Rural Police Station, Virudhunagar District.

(Crime NO.338 of 2012) ... Respondent/Complainant Prayer: Petition filed under Section 439(2) of the Code of Criminal Procedure, to cancel the bail granted to the accused /Respondent Nos.1 to 6 in Crime NO.338/12 by the learned Principal Sessions Judge, Virudhunagar District at Srivilliputtur, granted the bail to the accused in Cr.M.P.No.4648, 4697, 4696 and 4876 of 2012, dated 06.09.2012 and take further action in accordance with law.

For Petitioner ... Mr.R.Karunanidhi For Respondents ... Mr.A.P.Balasubramani Government Advocate(Crl.Side) for R.7 Crl.O.P.(MD)No.20383 of 2015 M.Marieeswari ... Petitioner/Prosecution Witness No.7 Vs.

1.Sureshkumar ... Respondent No.1/Accused No.7 2.The State represented through The Inspector of Police, Virudhunagar Rural Police Station, Virudhunagar District.

(Crime NO.338 of 2012) ... Respondent No.2/Complainant https://hcservices.ecourts.gov.in/hcservices/

Prayer: Petition filed under Section 439(2) of the Code of Criminal Procedure, to cancel the bail granted to the respondent No.7/accused by the learned Principal Sessions Judge, Virudhunagar District at Srivilliputtur (PCR Cases) in Cr.M.P.No.4753 of 2012 dated 01.10.2012 and direct the respondent No.2 to arrest and commit the respondent No.7/accused to custody.

For Petitioner ... Mr.R.Karunanidhi For Respondents ... Mr.A.P.Balasubramani Government Advocate(Crl.Side) for R.2 * * * * COMMON ORDER When these matters were taken up for hearing, the learned Government Advocate (Crl.side) submitted that the trial in these cases is almost completed. Inasmuch as the prosecution witnesses have been examined, the accused were already questioned under Section 313 of the Code of Criminal Procedure and the case has been posted for arguments on either side, at this stage, it will not be justified to cancel the bail granted to the accused herein.

2. However, the learned Counsel for the petitioner submitted that the petitioner is being unnecessarily harassed by the accused.

3. Recording the submission made by the learned Counsel for the petitioner, as and when the petitioner gives complaint to the police in this regard, the same shall be enquired into and action shall be taken in accordance with law.

4. With the above directions, both the Criminal Original Petitions are dismissed.

Sd/- Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar To 1.The Principal Sessions Court, Virudhunagar District at Srivilliputtur,

2. The Inspector of Police, Virudhunagar Rural Police Station, Virudhunagar District.

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

+1 CC to Mr.R.KARUNANITHI, Advocate, SR No.6337 Crl.O.P.(MD)Nos.20661 and 20383 of 2015 ssl 02.02.2016 SH/SKS-RR:19.02.2016:2P/5C https://hcservices.ecourts.gov.in/hcservices/