← Library
Madras High CourtCRL OP(MD)/6657/2022dismissed

Kamalanathan v. The Inspector Of Police

2022-07-08Honourable Mr Justice G.Ilangovan2 pages

Crl.OP(MD)No.6657 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.07.2022 PRESENT THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.OP(MD)No.6657 of 2022 Kamalanathan ... Petitioner/Intervener Petitioner/Defacto Complainant vs.

1. State through The Inspector of Police, Thanthonimalai Police Station, Karur District.

(Crime No.52 of 2022) ... Respondent No.1/ De jure Complainant 2.Bharathi @ Bharathi Raja 3.Raja 4.Surya @ Jayasurya 5.Prabu @ Prabakaran ... Respondents 2 to 5/Petitioner Accused No.1 to 4 PRAYER: Criminal Original Petition filed under Section 439(2) of the Code of Criminal Procedure, to cancel the bail granted by the learned Principal District and Sessions Judge, Karur in Crl.MP.No.359 of 2022 dated 28.02.2022 to the respondent No.2 to 5 forthwith.

For Petitioner :

Mr.R.Alagumani For R1 :

Mr.P.Kottai Chamy Government Advocate (Crl.Side) For R2 to R5 :

Mr.L.Prabakaran

O R D E R

This petition is filed to cancel the bail granted by the learned Principal District and Sessions Judge, Karur, in Crl.MP.No.359 of 2022 dated 28.02.2022 to the respondent No.2 to 5 forthwith.

2.The learned Principal District and Sessions Judge, Karur, has granted bail to the petitioner by directing him to appear and sign before the Aravakurichi Police Station daily at 10.00 a.m, until further orders.

https://www.mhc.tn.gov.in/judis 1/2

Crl.OP(MD)No.6657 of 2022 3.The grievance of the learned counsel for the petitioner is that subsequent to the above said order, now, the private respondents threatened the petitioner to withdraw the case. But, proper time and date was not mentioned in the petition. It has been simply stated that the private respondents continuously threatening the petitioner and his family members. So, on that basis, he sent a representation on 21.03.2022 and 22.03.2022 to the Superintendent of Police, Karur District, to take action for cancellation of bail. Since no steps have been taken, he filed this petition. 4.The learned Government Advocate (Crl.Side) would submit that no complaint has been received by the respondent police with regard to the alleged threat, which was made by the private respondents to the petitioner and his family members. It appears that without disclosing proper time and date, this petition has been filed. 5.In view of the submission made by the learned Government Advocate (Crl.Side), the petition deserves dismissal and accordingly, dismissed.

6.But, however, the petitioner is directed to comply the conditions strictly. If any violation is noticed, liberty is always available to the private respondents to apply for cancellation of bail.

sd/- 08/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, KARUR.

2. THE INSPECTOR OF POLICE, THANTHONIMALAI POLICE STATION, KARUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.6657 of 2022 Date :08/07/2022 dss USK/SVR/SAR-I/18.07.2022/2P/4C https://www.mhc.tn.gov.in/judis 2/2