Madras High CourtCRL MP(MD)/4105/2020partly allowed

T. Balasaraswathi v. P.Vinothkumar

2020-09-14Honourable Mr Justice G.R.Swaminathan2 pages

CRL MP(MD) No.4105 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourteenth day of September Two Thousand Twenty PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL MP(MD) No.4105 of 2020 IN CRL OP(MD) No.14717 of 2019 T.BALASARASWATHI ... PETITIONER Vs 1 P.VINOTHKUMAR 2 PARAMASIVAM 3 MARIAMMAL 4 SUDHAKAR 5 BOOMINATHAN 6 GAYATHIRI 7 ARCHANA 8 THE STATE REP.BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MADURAI SOUTH, MADURAI. RESPONDENTS Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to cancel the Bail granted to the 1st to 7th Respondent accused on 17.10.2019 in the above Crl.OP(MD)No.14717 of 2019.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.S.RAMSUNDARVIJAYARAJ, Advocate for the petitioner and of Mr.P.M.VISHNUVARTHANAN, Advocate for R5 and R6 and Mr.A.ROBINSON, Government Advocate (Crl. Side) for R8, the court made the following order:- The petitioner is the Defacto complainant in Crime No.10 of 2019 registered on the file of All Women Police Station, Madurai South, Madurai. The accused in the said case applied for Anticipatory bail and the same was also granted on certain conditions. The petitioner's contention is that the condition imposed by this Court has not been complied with. Therefore, this petition for cancellation has been taken out. 2.The first respondent is the husband.

I directed the Investigation Officer to serve the notice of hearing on the first https://hcservices.ecourts.gov.

CRL MP(MD) No.4105 of 2020 respondent. Mr.Robinson, the learned Government Advocate states that the first respondent is not available in the locality and that notice of service has been affixed on the petitioner's local residence.

3.Even today, the first respondent is not present before this Court. The respondents 2 to 7 are only in-laws. Since the first respondent has not complied with the direction and he has also not chosen to appear before this Court, I am inclined to cancel the Anticipatory bail granted to the first respondent and accordingly, the anticipatory bail earlier granted to him is cancelled. The 8th respondent is directed to arrest the first respondent, because the first respondent has also violated the undertaking given before this Court. This Criminal Miscellaneous Petition is partly allowed. sd/- 14/09/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.THE JUDGE, ADDITIONAL MAHILA COURT (JUDICIAL MAGISTRATE LEVEL), MADURAI DISTRICT. 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MADURAI SOUTH, MADURAI. 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to M/S.S.RAMSUNDARVIJAYARAJ Advocate SR.No.6426 +1. C.C. to Mr.P.M.VISHNUVARTHANAN Advocate SR.No.6435 ORDER IN CRL MP(MD) No.4105 of 2020 IN CRL OP(MD) No.14717 of 2019 Date :14/09/2020 VRN TK/JC/SAR.3/16.09.2020/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2