L.Sangeetha v. Thenmalai Thenkumaran
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/03/2025 PRESENT The HONOURABLE MR. JUSTICE R. SAKTHIVEL L.Sangeetha ... Petitioner/Accused Vs
1. Thenmalai Thenkumaran,
2. State rep. by The Inspector of Police, All Women Police Station, Pudukkottai, Thoothukudi District.
Crime No. 18 of 2024 ... Respondents/Complainants For Petitioner : Mr. B.Anandan Advocate For 1st respondent : Mr.A.D. Ganesa Moorthy For 2nd Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor PRAYER :- To cancel the bail granted to the 1st respondent / petitioner in Crl O.P (MD) No. 1306 of 2025 dt. 24.01.2025 on the file of this Honble court and pass such other reliefs 1/5
ORDER : The Court made the following order :- This petition has been filed to cancel the bail granted to the 1st respondent / petitioner made in Crl O.P (MD) No. 1306 of 2025, dated 24.01.2025 on the file of this court.
2. The learned counsel appearing for the petitioner submits that the first respondent and the petitioner are residing in the same vicinity. The first respondent has been continuously harassing the petitioner by making inappropriate comments and singing songs whenever the petitioner passes by him. On 24.12.2024, at about 7.30 am., while the petitioner was walking in the municipal park near his house, the first respondent behaved obscenely towards the petitioner by singing about parts of her body and making vulgar comments. Hence, the petitioner filed a complaint against the first respondent and a case was registered in Crime No.18 of 2024 on the file of the respondent - Police, for the offences punishable under Section 75 of BNS, 2023 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2022. The first respondent was arrested and remanded to judicial custody on 27.12.2024. Thereafter, he has moved bail application in Crl.A.No.151 of 2025, on the file of the Principal Sessions Court, Thoothukudi and the same was dismissed on 20.01.2025 2/5
and thereafter, he has filed a bail application before this Court in Crl.O.P(MD). No.1306 of 2025. While granting bail to the petitioner on 24.01.2025 in the said petition, this Court has specifically imposed a condition No.6(g) that "the petitioner shall file an affidavit before the Court below by specifically indicating that he will not go anywhere near the defacto complainant in future and cause any threat to harass her." He further submits that on 29.01.2025 at around 6.30 pm., the first respondent trespassed into petitioner's house and attempted to attack the petitioner with knife. However, petitioner escaped. Hence, she gave a complaint before the SIPCOT Police Station, Thoothukudi on 01.02.2025 and they issued a receipt in Petition No.88 of 2025, dated 01.02.2025. Thereafter, the respondent - Police, registered a case in Crime No.165 of 2025. Since the first respondent violated the conditions imposed by this Court, the learned counsel for the petitioner prays to cancel the bail granted to the petitioner in Crl.O.P(MD).No.1306 of 2025 the by order, dated 24.01.2025.
3. Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor appearing for the respondent - Police, on instructions, submits that investigating Officer investigated the matter and filed a interim report. 3/5
4. Mr. Mr.A.D. Ganesa Moorthy learned counsel for the first respondent / accused submits that the petitioner has not violated any conditions imposed by this Court. Only with a view to wreck vengeance, the petitioner has filed the present petition. Accordingly, he prays for dismissal of this petition.
5. Heard both sides. This Court has perused the records.
6. This Court has perused the interim report, dated 24.03.2025 submitted by the Investigating Officer. In view of the report this Court is of the view that the first respondent has not violated the condition imposed by this Court in Crl.O.P(MD). No.1306 of 2025. Hence, this Criminal Miscellneous Petition is dismissed. Sd/- 28/03/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (C.S.I /II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO
1. THE JUDICIAL MAGISTRATE NO.III, THOOTHUKUDI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI.
3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PUDUKOTTAI, THOOTHUKUDI DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO THE SECTION OFFICER CRIMINAL SECTION MADURAI BENCH OF MADRAS HIGH COURT, MADURAI (TO KEEP THE REPORT FILED BY THE INVESTIGATING OFFICER IN THE SEALED COVER. )
ORDER
IN CRL MP(MD) No.1721 of 2025 IN CRL OP(MD) No.1306 of 2025 Date :28/03/2025 RK (12/05/2025) 5 P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 5/5