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Madras High CourtCRL MP(MD)/5295/2022dismissed

K. Kaleeswari v. The Sub Inspector Of Police

2023-03-10Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL MP(MD) No.5295 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Tenth day of March Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL MP(MD) No.5295 of 2022 IN CRL OP(MD) No.209 of 2021 K. KALEESWARI ... Petitioner / Defacto Complainant Vs 1 THE STATE REP BY THE SUB INSPECTOR OF POLICE M.PUDUPATTI POLICE STATION, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.

(CRIME NO. 3 OF 2021) ... 1st Respondent / Respondent / Complainant 2 SATHIYARAJ 3 MUTHUKUMAR 4 NANTHEESWARAN 5 SANKAR ... Respondents 2 to 5/ Petitioners/ Accused No.1 to 4 Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to cancel the Anticipatory bail granted to the respondents 2 to 5 in Crl O.P (MD) No. 209 of 2021 dt. 11.02.2021 on the file of this Honble court granted in FIR in Crime No. 3 of 2021 Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S. VISHNUVARTHANAN.P.M., Advocate for the petitioner and of Mr.B.THANGA ARAVINDH, Government Advocate (Crl. side) on behalf of the Respondent No.1 the court made the following order:- This Criminal Miscellaneous Petition has been filed to cancel the anticipatory bail granted to the respondents 2 to 5/A1 to A4 in Crl.O.P(MD)No.209 of 2021, dated 11.02.2021, on the file of this Court.

2.The petitioner has filed the present petition on the ground that after granting anticipatory bail, the respondents 2 to 5/A1 to A4 have not complied with the conditions imposed by this Court. https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.5295 of 2022 3.The learned Government Advocate (Crl. side) submitted that the respondents 2 to 5/A1 to A4 have duly complied with the conditions imposed by this Court and also reported before the first respondent police.

4.The only ground raised by the petitioner is that the fourth respondent/A3 has appeared before the first respondent police only for three days. Admittedly, the fourth respondent/A3 is a Teacher, since he has to attend the school at 09.00 a.m., he could not report before the respondent police at 10.30 a.m. and he also obtained permission from the authorities concerned. Now the investigation has been completed by the first respondent in Crime No.3 of 2021. Therefore, this Court is not inclined to cancel the anticipatory bail granted to the respondents 2 to 5/A1 to A4. 5.In the result, this Criminal Miscellaneous Petition is dismissed. However, the first respondent police is directed to complete the investigation and filed a final report before the concerned Court within a period of twelve weeks from the date of receipt of a copy of this order.

sd/- 10/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI To 1.The Sub Inspector of Police, M.Pudupatti Police Station, Virudhunagar District.

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

+1 CC to M/s.VISHNUVARTHANAN.P.M, Advocate ( SR-3997[I] dated 10/03/2023 )

ORDER

IN CRL MP(MD) No.5295 of 2022 IN CRL OP(MD) No.209 of 2021 Date :10/03/2023 ED/CG/SAR-2 (24/03/2023) 2P 4C https://www.mhc.tn.gov.in/judis 2/2