Madras High CourtCRL MP(MD)/1836/2024dismissed

Jaculin v. Mathesh @ Mayesh

2024-02-21Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty First day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI IN CRL OP(MD) No.1470 of 2024 JACULIN ... PETITIONER/RESPONDENT/DEFACTO COMPLAINANT Vs 1 MATHESH @ MAYESH ... 1ST RESPONDENT/PETITIONER 2 THE INSPECTOR OF POLICE THIRUVERUMBUR POLICE STATION (L & O), TRICHY DISTRICT.

CR.NO.19/2024 ... 2ND RESPONDENT/RESPONDENT Criminal Miscellaneous 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 to the R1 in Crl.OP(MD).No.1470/2024 dt 01.02.2024. Order : This Criminal Miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.SARANYA, Advocate for M/S.S.JAYANTHIMALA, Advocate for the petitioner and of MR.P.KOTTAICHAMY, Government Advocate (Crl.Side) on behalf of the 2nd Respondent, the court made the following order:- 1/3

This criminal miscellaneous petition has been filed to cancel the anticipatory bail granted to the first respondent in Crl.O.P.(MD)No.1470 of 2024 dated 01.02.2024. 2.The petitioner has filed the present petition for cancellation of anticipatory bail on the ground that the first respondent has not complied with the condition imposed by this Court.

3.The learned Government Advocate (Crl. side) appearing for the second respondent would submit that this Court granted anticipatory bail to the first respondent on 01.02.2024 and the order copy was despatched on 08.02.2024. However, the petitioner filed the present petition for cancellation of anticipatory bail on 09.02.2024 on the ground of violation of the condition. Accordingly, this Court may pass appropriate orders.

4.Considering the facts and circumstances of the case, anticipatory bail was granted on 01.02.2024 and the order copy was despatched on 08.02.2024, however, the present petition came to be filed on 09.02.2022, which is not sustainable one. In view of the above, no supervening circumstances were brought to the notice of this court as enumerated by the Apex Court in the case of Daulat Ram - Vs - State of Haryana (1995 (1) SCC 349) and therefore, the prayer as sought for by the petitioner cannot be acceded to.

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5.For the reason aforesaid, the petition seeking to cancel the anticiaptory bail granted to the first respondent cannot be sustained and, accordingly, the same is dismissed.

sd/- 21/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1 THE INSPECTOR OF POLICE THIRUVERUMBUR POLICE STATION (L & O), TRICHY DISTRICT.

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

ORDER IN IN CRL OP(MD) No.1470 of 2024 Date :21/02/2024 RS/GS/SAR-(27.02.2024) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3