Ponraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twelfth day of February Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE P.N.PRAKASH CRL OP(MD) No.2460 of 2015 1 PONRAJ 2 ALWIN NIRMAL ... PETITIONERS/ACCUSED NO.1 & 2 Vs THE INSPECTOR OF POLICE MELAPALAYAM POLICE STATION, TIRUNELVELI DISTRICT.

CR. NO.423/2014. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.P. RAMASAMY Advocate For Respondent : M/S.S.PRABHA, Govt. Advocate ( Crl. Side) For Intervenor : MR.ANGUSAMY, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for an alleged offence punishable under Sections 341, 294(b), 323, 289, 506(i) IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act in Crime No. 423 of 2014 on the file of the respondent police, seek anticipatory bail.

2. Heard Mr.P.Ramasamy, learned counsel appearing for the petitioners, Mrs.S.Prabha, learned Government Advocate (Crl.side) appearing for the State and Mr.Angusamy, learned counsel for the intervenor/defacto complainant.

3.The learned counsel for the intervenor brought to the notice of this Court that the petitioners were granted anticipatory bail in Cr.M.P.No.3421 of 2014 by the learned Principal Sessions Judge, Tirunelveli, by order dated 25.07.2014 on condition that they should sign before the respondent police station daily at 10.30 a.m for a period of one month. After getting anticipatory bail from the Sessions Court, the petitioners did not comply with the order and therefore, the defacto complainant has filed an application in Cr.M.P.No.5197 of 2014 for cancellation of anticipatory bail that was granted to the petitioners. The learned Principal Sessions Judge, Tirunelveli, after notice to the accused heard either side and ultimately cancelled the anticipatory bail on the ground that the petitioners did not comply with the earlier order. Thus, Cr.M.P.No.5197 of 2014 for cancellation of anticipatory bail was allowed by order dated 09.02.2015.

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4. Suppressing all these facts, the present petition has been filed before this Court. Under such circumstances, this Court is of the view that it is not a fit case for granting anticipatory bail to the petitioners. Accordingly, this petition is dismissed. sd/- 12/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE PRINCIPAL SESSIONS JUDGE, TIRUNELVELI.

2. THE INSPECTOR OF POLICE MELAPALAYAM POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to M/S.V.ANGUSAMY, Advocate SR.No. 6491 SR : 16.02.2015 : 2P/5C

ORDER

IN CRL OP(MD) No.2460 of 2015 Date :12/02/2015 https://hcservices.ecourts.gov.in/hcservices/