S.Yasmin v. Mohammed Ishaq

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Sixth day of March Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL MP(MD) No.7304 of 2017 IN CRL OP(MD) No.8873 of 2017 S.YASMIN ... PETITIONER/NIL Vs 1 MOHAMMED ISHAQ ...1ST RESPONDENT/PETITIONER 2 STATE, REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PALANI, DINDIGUL DISTRICT (CRIME NO.23/2017) ... 2ND RESPONDENT/COMPLAINANT Petition 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 in Crl.O.P.(MD).No.8873 of 2017, dated 13.07.2017 on the file of this Honourable Court Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.M.

SARAVANAN, Advocate for the petitioner and of MR.M.ASOKAN, Government Advocate (Crl.Side) for the Respondent NO.2 and of MR.M.SUBASH BABU, Advocate for the Respondent No.1 the court made the following order:- The learned counsel for the petitioner and the Government Advocate (Crl.side) appearing for R1 and learned counsel for R2 are present and heard.

2.This petition is filed to cancel the anticipatory bail granted by this Court in Crl.O.P.(MD)No.8873 of 2017 on 13.07.2017. 3.The learned Government Advocate (Crl.side) submitted that charge sheet was laid before the Court concerned and the same was taken on file in C.C.No.231 of 2017 by the Judicial Magistrate, Palani and it is pending. He also submitted that trial has been commenced.

https://hcservices.ecourts.gov.in/hcservices/ 4.The first respondent / accused has been granted anticipatory bail in Crl.O.P.(MD)No.8873 of 2017 on 13.07.2017 and thereafter,

the first respondent has not properly complied with the condition to appear before the respondent Police and filed a petition in Crl.M.P. (MD)No.7118 of 2017 and as he failed to comply with the conditions properly, he filed a petition in Crl.M.P.(MD)No.9692 of 2017 for condoning his absence before the respondent Police. Since charge sheet was filed and same was pending in C.C.No.213 of 2017 this Court by order dated 23.01.2018 condoned the delay and the petition in Crl.M.P.(MD)No.7118 of 2017 was dismissed as withdrawn. 5.The learned counsel for the petitioner submitted that the respondent police has not recovered any jewels from the accused. 6.Considering the facts and circumstances of this case and also considering the fact that there is no acceptable reasons to cancel the anticipatory bail and the case is pending in C.C.No.231 of 2017, this Court is not inclined to cancel the anticipatory bail. Accordingly, this petition is dismissed.

sd/- 26/03/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE PALANI 2 THE CHIEF JUDICIAL MAGISTRATE DINDIGUL DISTRICT 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PALANI, DINDIGUL DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. C.C. to M/S.M.SARAVANAN Advocate SR.No.58141 +1 CC TO MR.M.SUBASH BABU, Advocate SR.No.4933 ORDER IN CRL MP(MD) No.7304 of 2017 IN CRL OP(MD) No.8873 of 2017 Date :26/03/2018 SMA/KAK-PN/SAR-2/16.04.2018:2P/7C https://hcservices.ecourts.gov.in/hcservices/