Madras High CourtCRL OP(MD)/4592/2023disposed of

Sivarajan v. The Inspector Of Police

2023-03-13Honourable Mr Justice G.K. Ilanthiraiyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 13.03.2023

CORAM

The HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Sivarajan ... Petitioner Vs.

1.The State Rep.by The Inspector of Police, Central Crime Branch, Madurai.

(Crime No.47 of 2022) 2.Jeyachandran ... Respondent PRAYER :- Criminal original petition filed under Section 439(2) Cr.P.C., to cancel the order of anticipatory bail granted by the learned Principal Sessions Judge, Madurai in favour of the second respondent in Crl.M.P.No. 7476 of 2022 vide order dated 22.12.2022 in connection with the case in Crime No.47 of 2022 registered by the Inspector of Police, Central Crime Branch, Madurai City.

For Petitioner : Mr.R.Anand For R1 : Mr.B.Thanga Aravindh, Government Advocate(Crl.sid) 1/4

ORDER

This criminal original petition has been filed to cancel the order of anticipatory bail granted by the learned Principal Sessions Judge, Madurai in favour of the second respondent in Crl.M.P.No.7476 of 2022 vide order dated 22.12.2022 in connection with the case in Crime No.47 of 2022 registered by the first respondent police.

2.The case has been registered as against the second respondent in Cr.No.47 of 2022 for the offence under Sections 465, 467, 468, 471 and 109 IPC. Therefore, the second respondent, who apprehended arrest at the hands of the first respondent police, filed anticipatory bail petition in Crl.M.P.No. 7476 of 2022 before the learned Principal Sessions Judge, Madurai. Considering the facts and circumstances, the Court below granted anticipatory bail to the second respondent by imposing the following conditions:

(i) The petitioner shall surrender before the Court concerned within 15 days from today without fail (ii) The petitioner shall appear and sign before the Inspector of Police, respondent police station daily at 10.00 a.m. until further orders.

(iii) The petitioner shall not tamper with the witnesses or in any manner interfere with or put obstacle to the 2/4

smooth progress of investigation.

(iv) If there is any violation of condition, the Investigation officer is within his discretion to approach the Court of the learned Judicial Magistrate concerned fro cancellation of bail even though anticipatory bail granted by the Sessions Court as per ruling of the Hon'ble Supreme Court reported in Shaji /Vs./ State of Kerala, (2005) AIR S.C.W.5560.

3.It is seen that though the Court below directed the second respondent to surrender before the concerned Court within 15 days, he did not appear till today before the Court below and did not execute any sureties so far. It is also seen that he did not file extension of time petition to extend the time to produce sureties.

4.In view of the same, time fixed by the Court below to execute sureties and surrender is expired and as such the anticipatory bail granted to the second respondent now stands dismissed. Accordingly, this petition is clarified and the same is disposed of. The first respondent police is at liberty to secure the second respondent, in accordance wit law. 13.03.2023 gns 3/4

G.K.ILANTHIRAIYAN, J gns To 1.The Principal Sessions Judge, Madurai

2. The Inspector of Police, Central Crime Branch, Madurai.

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

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