Chakkaravarthy v. Muthukumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2023

CORAM

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Chakkaravarthy ... Petitioner Vs.

1.Muthukumar 2.State Rep.by The Inspector of Police, District Crime Branch, Sivagangai District.

(Crime No.32 of 2019) ... Respondents PRAYER : Criminal Original Petition filed under Sections 439(2) and 482 of the Criminal Procedure Code, to cancel bail granted as anticipatory bail in Crl.M.P.No.549 of 2021 dated 25.02.2021 on the file of the Principal District and Sessions Judge, Sivagangai. For Petitioner : Mr.S.Gokulraj For R2 : Mr.B.Thanga Aravindh, Government Advocate (Crl. Side) For R1 : Mr.P.Balasubramanian 1/4

ORDER

This Criminal Original Petition has been filed to cancel anticipatory bail granted to the first respondent/A1 herein in Crl.M.P.No. 549 of 2021 dated 25.02.2021 on the file of the Principal District and Sessions Judge, Sivagangai.

2.The petitioner lodged complaint alleging that when the defacto complainant's sister was in abroad, on demand, the first respondent herein, produced life certificate, which was issued by the second accused on 19.09.2016 and based on the life certificate, a mortgage was created in Indian Bank, Karaikudi by the first respondent herein in favour of the loan availed by one M.Murugan, who is none other than the father of the first respondent.

3.The learned Government Advocate(Crl.side) would submit that the application for bail was considered by the Court below based on the materials available and bail was granted to the first respondent. Subsequently, the second respondent police completed the investigation 2/4

and filed final report, which was also taken cognizance by the concerned jurisdictional Magistrate.

4.In view of the above submission, this Court finds no grounds to cancel the anticipatory bail granted to the first respondent. Accordingly, this criminal original petition is dismissed. 14.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No gns To 1.The Principal District and Sessions Court, Sivagangai.

2.The Inspector of Police, District Crime Branch, Sivagangai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.K.ILANTHIRAIYAN ,J.

gns 14.03.2023 4/4