Madras High CourtCRL OP(MD)/4392/2022disposed of

Monisha v. Reji Kumar

2022-08-30Honourable Mr Justice G.Ilangovan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.4392 of 2022 Monisha ... Petitioner/Defacto Complainant Vs

1. Reji Kumar

2. State rep.by The Inspector of Police, All Women Police Station, Marthandam, Kannyakumari District.

(Crime No.42/2021) ... Respondents/Complainants PETITION FOR CANCELLATION OF BIAL Under Sec.439(2) of Cr.P.C. PRAYER :- To cancel the Anticipatory Bail granted by Prinicipal Sessions Court, Nagercoil, Kannayakumari District in Crl.M.P. No. 5881 of 2021 dated 05.01.2022 in Crime No. 42 of 2021 in favour of the first respondent.

For Petitioner : M/s. Narayanakumar.K.P., Advocate For Respondent No.2 : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) For Respondent No.1 : M/s.S.Suresh Kumar, Advocate ORDER : The Court made the following order :- This petition has been filed to cancel the Anticipatory Bail, which was granted to the second respondent, by the learned Principal Sessions Judge, Nagercoil, Kanyakumari District in Crl.M.P.No.5881 of 2021, dated 05.01.2022.

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2.Today, when the matter is taken up for hearing, the learned counsel for the petitioner would submit that at the time of enquiry, the first respondent has given an undertaking before the second respondent Police that he would return the jewels and cash to the petitioner. But, he has not complied so far. By suppressing the above fact, bail was obtained by him.

3.The learned counsel for the first respondent submitted that apart from this case, a petition for judicial separation is also pending before the Family Court, Nagercoil in IDOP No.39 of 2022.

4.Since final report has also been filed and taken cognizance by the concerned Court, nothing survives in keeping this petition. Return of jewels and cash can be worked out in the above said I.D.O.P.No.39 of 2022.

5.In view of the above, Petition is dismissed Sd/- 30/08/2022 / TRUE COPY / 07/09/2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO

1. THE PRINCIPAL SESSIONS JUDGE, NAGERCOIL, KANYAKUMARI DISTRICT.

2. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MARTHANDAM, KANYAKUMARI DISTRICT.

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

+1. CC to M/S. NARAYANAKUMAR.K.P. Advocate SR.No.42624

ORDER

IN CRL OP(MD) No.4392 of 2022 Date :30/08/2022 SP/SVR/SAR I/07/09/2022/2P/5C https://www.mhc.tn.gov.in/judis