Madras High CourtCRL MP(MD)/3081/2023dismissed

Dr.Babu @ Sakthi Babu v. Nagarathinam

2023-03-21Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL MP(MD) No.3081 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty First day of March Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL MP(MD) No.3081 of 2023 IN CRL OP(MD) No.1346 of 2023 BABU @ SAKTHI BABU ... PETITIONER/VICTIM Vs 1 NAGARATHINAM 2 PRABHU ... 1st AND 2nd RESPONDENTS/ACCUSED 3 THE INSPECTOR OF POLICE ORATHANADU POLICE STATION, THANJAVUR DISTRICT.

CRIME NO. 8/2023 ... 3rd RESPONDENT/COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to cancel the anticipatory bail granted to the 1st and 2nd respondents by this Hon'ble court as per the order dated 24.01.2023 made in Crl O.P (MD) No. 1346/2023.

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.MAHENDRAPATHY.S, Advocate for the petitioner and of Mr.A.BALAJI, Advocate on behalf of the 1st Respondent and Mr.B.THANGA ARAVINDH, Government Advocate(crl.side) on behalf of the 2nd Respondent, the court made the following order:- This Criminal Miscellaneous Petition has been filed to cancel the anticipatory bail granted to the first and second respondents by this Court in Crl.O.P.(MD)No.1346 of 2023, dated 24.01.2023. 2.It is seen from the records that this Court vide order dated 24.01.2023 in Crl.O.P.(MD)No.1346 of 2023, had granted anticipatory bail to the respondents 1 and 2/A1 and A2 by considering the fact that the accused are not having any bad antecedents. https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.3081 of 2023 3.The petitioner/complainant has filed the present petition for cancelling the anticipatory bail on the ground that the respondents 1 and 2 have suppressed the earlier case registered as against them lodged by the petitioner/complainant in Crime No.566 of 2022 for the offences punishable under Sections 294(b), 447 and 506(2) of IPC. 4.Even though the respondents 1 and 2/A1 and A2 are having bad antecedents, they have complied with the conditions imposed by this Court in Crl.O.P.(MD)No.1346 of 2023, dated 24.01.2023. Therefore, this Court finds no reasonable grounds to cancel the anticipatory bail granted to the respondents 1 and 2/A1 and A2 in Crl.O.P.(MD) No.1346 of 2023, dated 24.01.2023.

5.Hence, this Criminal Miscellaneous Petition is dismissed. However, the third respondent is directed to complete the investigation and file a final report in Crime No.8 of 2023 within a period of 12 weeks from the date of receipt of a copy of this order. sd/- 21/03/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1 THE JUDICIAL MAGISTRATE ORATHANADU.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE ORATHANADU POLICE STATION, THANJAVUR DISTRICT.

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

+1. C.C. to M/S.MAHENDRAPATHY.S Advocate SR.No.4705 +1. C.C. to M/S.A.BALAJI, Advocate SR.No.4741 ORDER IN CRL MP(MD) No.3081 of 2023 IN CRL OP(MD) No.1346 of 2023 Date :21/03/2023 https://www.mhc.tn.gov.in/judis SA/BUC/SAR.2/03.04.2023/2P/7C 2/2