R. Sathiyapriya, v. The Commissioner Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) Nos.6360,6825 and 7301 of 2018 R. SATHIYAPRIYA ... PETITIONER / SOLE ACCUSED IN CRL OP(MD)No.6360/18 T.MANIKANDAN ... PETITIONER / ACCUSED-2 IN CRL OP(MD)No.6825/18 B.RAMASAMY ... PETITIONER /1st ACCUSED IN CRL OP(MD)No.7301/18 Vs 1 THE COMMISSIONER OF POLICE, MADURAI CITY, MADURAI.
2 THE COMMISSIONER OF POLICE, 2ND FLOOR, MSO BUILDING, POLICE HEAD QUARTERS, I.T.O., NEW DELHI.
3 THE INSPECTOR OF POLICE, C2-KEERATHURAI POLICE STATION, MADURAI DISTRICT ... RESPONDENTS / RESPONDENTS IN CRL MP(MD)Nos.6360,6825/18 4 THE SUB INSPECTOR OF POLICE NORTH AVENUE POLICE STATION, NEW DELHI DISTRICT, NEW DELHI.
CRIME NO.9 OF 2018 ...4th RESPONDENT / COMPLAINANT IN CRL MP(MD)Nos.6360,6825/18 THE STATE OF TAMILNADU REPRESENTED BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUPARANKUNDRAM, MADURAI DISTRICT IN CRIME N.1/2018 ... RESPONDENT/COMPLAINANT IN CRL OP(MD)No.7301/18 For Petitioner : Mr.L.SHAJI CHELLAN Advocate IN CRL OP(MD)Nos.6825 & 6360/18 Mr.ISAAC MOHANLAL, Senior Counsel for M/S ISAAC CHAMBERS IN CRL OP(MD)No.7301/18
For Respondents : Mr.A.ROBINSON, Govt. Advocate ( Crl. Side) IN ALL THE PETITIONS For Intervener : Mr.ISAAC MOHANLAL, Senior Counsel for M/S.ISSAC CHAMBERS IN CRL OP(MD)No.6825 Mr.J.SHABU JOSE, Advocate for IN CRL OP(MD)No.7301/18 & 6360/18 PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners in these Criminal Original Petitions have amicably resolved all the outstanding issues between them. They have also filed a joint memo of compromise before this Court. The same is placed on record.
2. It is seen that this Court had ordered notice to the fourth respondent and it was also duly served. The name of the fourth respondent is printed in the cause list, but no one appeared on behalf of the fourth respondent
3. This Court is, therefore, clearly of the view that there would not be any justification in arresting the petitioner in connection with Crime No.09 of 2018 on the file of the Sub Inspector of Police, North Avenue Police Station, New Delhi District, New Delhi.
4. It is hoped that the fourth respondent would respect the observations made by this Court.
5. Crl.O.P.(MD).No.6360 of 2018 is ordered accordingly.
6. The petitioner in Crl.O.P.(MD).No.6825 of 2018 is the brother of R.Sathiyapriya, who is the petitioner in Crl.O.P.(MD). No.6360 of 2018. The order made in Crl.O.P.(MD).No.6360 of 2018 would equally apply to this case also. Therefore, Crl.O.P.(MD). No.6360 of 2018 is ordered accordingly.
7. Thiru.B.Ramasamy, seeks anticipatory bail in Crime No.01 of 2018, on the file of the Inspector of Police, All Women Police Station, Thiruparankundram, Madurai District.
8. Since the issue has already been resolved amicably, this Court directs the Inspector of Police, All Women Police Station, Thiruparankundram, Madurai District, to close the First Information Report and file an appropriate final report before the concerned Jurisdictional Magistrate.
9. The joint compromise memo executed by both the parties will form part of this order.
sd/- 25/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO ENCL: XEROX COPY OF COMPROMISE MEMO 1 THE COMMISSIONER OF POLICE, MADURAI CITY, MADURAI.
2 THE COMMISSIONER OF POLICE, 2ND FLOOR, MSO BUILDING, POLICE HEAD QUARTERS, I.T.O., NEW DELHI.
3 THE INSPECTOR OF POLICE, C2-KEERATHURAI POLICE STATION, MADURAI DISTRICT 4 THE SUB INSPECTOR OF POLICE NORTH AVENUE POLICE STATION, NEW DELHI DISTRICT, NEW DELHI.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI COPY TO:- THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUPARANKUNDRAM, MADURAI DISTRICT +2 CC to M/S.L.SHAJI CHELLAN Advocate SR.Nos.14007,14008 TSG JAM/26/07/2018/RR /SAR 1/ 3P-9C
ORDER
IN CRL OP(MD) Nos.6360,6825 and 7301 of 2018 Date :25/07/2018