Patti Anne Tower v. K.V. Mahendran

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twelfth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL.M.P(MD)NO.4101 of 2018 IN CRL.O.P.(MD).NO.8728 of 2018 AND CRL.M.P(MD)NO.4116 of 2018 IN CRL.O.P.(MD).NO.8736 of 2018 CRL.M.P(MD)NO.4101 of 2018 IN CRL.O.P.(MD).NO.8728 of 2018: PATTI ANNE TOWER ... PETITIONER/DEFACTO COMPLAINANT Vs 1 K.V. MAHENDRAN ... 1st RESPONDENT/PETITIONER/ ACCUSE No.2 2 STATE REPRESENTED BY, THE INSPECTOR OF POLICE, KODAIKANAL POLICE STATION, KODAIKANAL, DINDIGUL DISTRICT, IN CRIME NO. 166 OF 2018 ... 2nd RESPONDENT/RESPONDENT/ COMPLAINANT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to cancel the Anticipatory Bail granted to the 1st respondent/Accused in Crl.OP.NO.8728/2018 dated 23.05.2018 CRL.M.P(MD)NO.4116 of 2018 IN CRL.O.P.(MD).NO.8736 of 2018:

PATTI ANNE TOWER ... PETITIONER/DEFACTO COMPLAINANT Vs 1 G.MANIVANNAN 2 S.GABRIEL 3 S.SURESH RAJA ... RESPONDENTS 1 to 3/PETITIONERS/ ACCUSED Nos.3 to 5 4 STATE REPRESENTED BY, THE INSPECTOR OF POLICE KODAIKANAL POLICE STATION, KODAIKANAL, DINDIGUL DISTRICT CR NO. 166 OF 2018 ...4th RESPONDENT/RESPONDENT/ COMPLAINANT

Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to cancel the Anticipatory Bail granted to the Respondents 1 to 3/Accused Nos.3 to 5 in Crl.O.P.No.8736 of 2018 dated 23/05/2018. Order : These petitions coming on for orders upon perusing the petitions filed in support thereof and upon hearing the arguments of MR.I.SAM JEGAN, Advocate for the petitioner in both the petitions and of MR.A.ROBINSON, Government Advocate (Crl.Side) on behalf of the 2nd Respondent in Crl.MP(MD)No.4101/2018 in Crl.OP(MD) No.8728/2018 and 4th Respondent in Crl.MP(MD)No.4116/2018 in Crl.OP (MD)No.8736/2018, the court made the following order:- The petitioner has come forward with these petitions to cancel the anticipatory bail granted to the respondents/Accused in Crl.O.P.(MD) Nos.8728 and 8736 of 2018 on 23.05.2018. 2.Heard the learned counsel on either side.

3.These two petitions have been filed for cancellation of anticipatory bail granted by this Court. Granting of bail is one thing and cancellation is another thing. It has been consistently held that an anticipatory bail or bail earlier granted would be cancelled only if the persons misused the liberty given by this Court. It is the case not so. It is also seen that the accused had committed wild life offences.

4.Taking note of that the present criminal miscellaneous petitions are dismissed.

sd/- 12/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, KODAIKANAL, DINDIGUL DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT 3 THE INSPECTOR OF POLICE, KODAIKANAL POLICE STATION, KODAIKANAL, DINDIGUL DISTRICT.

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

+2. C.C. to MR.C.VENKATESWARAN, Advocate SR.Nos.10230, 10231

ORDER

IN CRL.M.P(MD)NO.4101 of 2018 IN CRL.O.P.(MD).NO.8728 of 2018 AND CRL.M.P(MD)NO.4116 of 2018 IN CRL.O.P.(MD).NO.8736 of 2018 Date :12/06/2018 PK/RR-CSL/GSR/18.06.2018 : 3P/7C