Santhadevi v. Arun Amalan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Sixth day of February Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE P.N.PRAKASH CRL OP(MD) No.2669 of 2015 SANTHADEVI ... PETITIONER/DEFACTO COMPLAINANT Vs 1 ARUN AMALAN 2 JEGANATH @ JAMES 3 MAHESWARI ... RESPONDENT 1 TO 3/PETITIONERS/ACCUSED 1 TO 3 THE SUB INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SANKARANKOVIL, TIRUNELVELI DISTRICT. CR. NO.20/2014.
... 4TH RESPONDENT/RESPONDENT/COMPLAINANT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to cancel the anticipatory bail granted in CR.M.P. NO. 60 of 2015 dated 09.01.2015 on the file of Principal District Sessions Court, Tirunelveli.
Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.R.RAMASAMY Advocate, Advocate for the petitioner and of Mr.A.P.BALASUBRAMANI,Government Advocate(Crl.side)for the state, the court made the following order:- Heard the learned counsel for the petitioner/defacto complainant and and the learned Government Advocate (Crl.side) appearing for the State.
2.The petitioner seeks to cancel the anticipatory bail granted to the accused by the courts below in Cr.M.P.No.60 of 2015 on 09.01.2015.
3. According to the defacto complainant, who has filed this petition for cancellation of anticipatory bail, the accused after getting anticipatory bail had threatened the defacto complainant. In paragraph No.3 of this petition for cancellation of anticipatory bail, it is stated as follows:
3.It is submitted that the respondents 1 to 3 herein they are complying their condition before the fourth respondent police. The petitioner while waiting in the Sankarankovil bus stand at the time the respondents 1 and 2 herein came there at the time they saw the petitioner and started a quarrel and abused the petitioner and also stated that we got the anticipatory bail on the complaint given by you and also stated that if you have not given dowry, you will not be permitted to my home. It is further submitted that the accused herein violated the conditional order. https://hcservices.ecourts.gov.in/hcservices/
4. In paragraph No.3, it is not even stated as to when the accused threatened them and if the accused threatened them it is open for the defacto complainant to file a police complaint. Hence, it is not a fit case to cancel anticipatory bail . Under such circumstances, this petition is dismissed.
sd/- 26/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE SUB INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SANKARANKOVIL, TIRUNELVELI DISTRICT.
2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
Sm:05.03.2015:2P/3C:
ORDER
IN CRL OP(MD) No.2669 of 2015 Date :26/02/2015 https://hcservices.ecourts.gov.in/hcservices/