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Madras High CourtCRL OP(MD)/2752/2021dismissed

C.Pakiyanathan v. The Commissioner Of Police

2023-03-13Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN C.Pakiyanathan ... Petitioner/Defacto Complainant /Defacto Complainant Vs 1.The Commissioner of Police, Madurai District.

2.The Inspector of Police, Koodalpudur Police Station, Madurai - 625 017 ...2nd Respondent/Complainant/Complainant 3.R.Anandan ...3rd Respondent/Petitioner/Accused No.1 4.A.Sundaradevi ...4th Respondent/Petitioner/Accused No.2 5.Pitchaikani @ John Gideon, ... 5th Respondents /Petitioner /Accused No.3 For Petitioner : Mr.M.Elizabeth Geetha, Advocate. For R1 - R2 : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) For R3 - R4 : No Appearance PETITION FOR CANCELLATION OF ANTICIPATORY BAIL Under Sec.439(2) of Cr.P.C.

PRAYER :- To cancel the anticipatory bail granted by the learned Principal District and Sessions Judge, Madurai in Crl.M.P.Nos.4550 and 4580 of 2020, dated 12.10.2020.

ORDER : The Court made the following order :- This Criminal Original Petition has been filed to cancel the anticipatory bail granted to the respondents 3 to 5 by the learned Principal District Sessions Judge, Madurai, vide order, dated 1/3

12.10.2020 made in Crl.M.P.Nos.4550 and 4580 of 2020 on the ground that the third respondent failed to comply with the condition.

2. The third respondent herein was granted anticipatory bail by the Court below on the following conditions:

''7.In the result, in the event of arrest or on their surrendering before the Court concerned in Cr.M.P.Nos.4550 and 4580 of 2020 are ordered to be enlarged on anticipatory bail on their executing a bond for a sum of Rs.10,000/- each with two sureties each with two sureties each for a likesum to the satisfaction of Judicial Magistrate No.4, Madurai subject to the following conditions:- (i)the petitioners shall surrender before the Court concerned within 15 days from today without fail. (ii)the petitioners shall appear and sign before the Inspector of Police, respondent police station daily at 10.00 a.m. until further orders.

(iii) the petitioners shall not tamper with the witnesses or in any manner interfere with or put obstacle to the smooth progress of investigation''. 3.The learned Government Advocate (Crl.side) submitted that the petitioner did not co-operate for investigation. 4.Accordingly, the respondent Nos.3 to 5 are duly complied with the conditions and the second respondent about to complete the investigation.

5.In view of the aforestated facts, this Court finds no grounds to cancel the bail granted to the respondent Nos.3 to 5. Therefore, this Criminal Original Petition stands dismissed. sd/- 13/03/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

VSD TO THE PRINCIPAL DISRICT AND SESSIONS JUDGE, MADURAI 2 THE JUDICIAL MAGISTRATE NO.IV MADURAI.

2/3

3 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

4 THE COMMISSIONER OF POLICE MADURAI DISTRICT.

5 THE INSPECTOR OF POLICE KOODALPUDUR POLICE STATION, MADURAI-625 017.

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

ORDER

IN CRL OP(MD) No.2752 of 2021 Date :13/03/2023 PKP/VR/SAR-4/10.04.2023/ 3P/7C 3/3