Madras High CourtCRL MP(MD)/3004/2020disposed of

Kaleeswari v. Ukkirapandian

2020-06-12Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Criminal Jurisdiction ) Date : 12/06/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL MP(MD). No.3004 of 2020 in CRL OP(MD). No.12822 of 2019 Kaleeswari ... Petitioner/Intervener/ Defacto Complainant Vs

1. Ukkirapandian ... 1st Respondent/Petitioner/ Accused No.1 2.The State rep.by The Inspector of Police, All Women Police Station, Aruppukottai Virudhunagar District. Cr.No.5 of 2019..

... 2nd Respondent/Complainant For Petitioner : M/s.G.Mariappan, Advocate.

For R-2 : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR DIRECTION Under Sec.439(2) AND 482 of Cr.P.C PRAYER :- To issue appropriate direction to the 2nd respondent/complainant to secure the above 1st respondent/accused No.1 and remand him to judicial custody as per the order passed in Crl.O.P.(MD). No.12822 of 2019 dt.17.9.2019.

ORDER : The Court Made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the second respondent.

2. The accused was granted anticipatory bail by this Court by recording his undertaking that he will deposit a sum of Rs.3,000/- as monthly maintenance to the defacto complainant. It was further stated that if the condition is breached, the order would stand cancelled.

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3. The petitioner herein now categorically asserts that the first respondent herein/accused has not been paying any monthly

maintenance to her since December 2019. The petitioner herein/complainant has therefore moved this Court for directing the police to secure the first respondent herein.

4. I am afraid that such prayer is misconceived. This Court has no power to direct the police to arrest the accused. This is a decision to be taken only by the investigation officer. But then, it is open to this Court to cancel the anticipatory bail earlier granted for breach of condition.

5. The petitioner's counsel categorically states that the papers have already been served on the counsel who appearing for the accused. The said counsel appeared on the earlier occasion.

6. Since it has been clearly established before me that the accused had not adhered to the undertaking given solemnly before this Court, I have no other option but to cancel the anticipatory bail earlier granted to the first respondent. This petition is disposed of on these terms.

sd/- 12/06/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. TO 1 The Inspector of Police, All Women Police Station, Aruppukottai, Virudhunagar District.

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

ORDER

IN CRL MP(MD) No.3004 of 2020 IN CRL OP(MD) No.12822 of 2019 Date :12/06/2020 https://hcservices.ecourts.gov.in/hcservices/ SDS / SKN / SAR-3 (16.06.2020) 2P-3C