Madras High CourtCRL MP(MD)/3887/2021allowed

The Inspector Of Police v. Pandi @ Pandiyarajan

2021-07-13Honourable Mr Justice G. Chandrasekharan2 pages

CRL MP(MD) No.3887 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirteenth day of July Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL MP(MD) No.3887 of 2021 IN CRL OP(MD) No.12017 of 2020 STATE REPRESENTED BY, THE INSPECTOR OF POLICE, THIRUNELVELI RAILWAY POLICE STATION, TIRUNELVELI DISTRICT.

CR.NO. 14 OF 2019. PETITIONER/RESPONDENT Vs PANDI @ PANDIYARAJAN ... RESPONDENT/PETITIONER 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 in favour of the respondent herein in Crl.OP.(MD).No.12017 dated.03.11.2020. Order :This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.E.ANTONY SAGAYA PRABHAKAR, Additional Public Prosecutor for the petitioner and of Mr.M.THIYAGARAJAN, Advocate for the Respondent, the Court made the following order:- This petition is filed to cancel the anticipatory bail granted to the respondent in Crl.OP.(MD).No.12017 dated 03.11.2020. 2.

The learned Additional Public Prosecutor appearing for the petitioner submitted that even after grant of anticipatory bail by this Court on 03.11.2020, the respondent has not chosen to comply with the directions while granting anticipatory bail. He did not appear before the learned Judicial Magistrate No.IV, Tirunelveli and execute bond as ordered in the anticipatory bail petition. Therefore, he seeks cancellation of the anticipatory bail granted to the respondent.

3.Mr.M.Thiyagarajan, learned counsel appearing for the respondent submitted that the respondent is willing to appear before the learned Judicial Magistrate No.IV, Tirunelveli and execute the bond.

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CRL MP(MD) No.3887 of 2021 4.Heard the learned Additional Public Prosecutor appearing for the petitioner and the learned counsel appearing for the respondent and considered their submissions.

5.Anticipatory bail was granted and condition was imposed on the respondent on 03.11.2020. We are now in July, 2021. Even after eight months, the respondent has not complied with the condition ordered while granting anticipatory bail. This shows that the respondent has not taken the order of this Court seriously and it also shows his don't care attitude in complying with the conditions ordered by this Court. It is wilful disobedience. From the submission of the learned Additional Public Prosecutor, it is clear that the respondent does not deserve anticipatory bail. 6.Hence, this Criminal Miscellaneous Petition is allowed and the anticipatory bail granted to the respondent in Crl.O.P.(MD) No.12017 of 2020 dated 03.11.2020 is cancelled. sd/- 13/07/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.IV, TIRUNELVELI, TIRUNELVELI DISTRICT.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3.THE INSPECTOR OF POLICE, TIRUNELVELI RAILWAY POLICE STATION, TIRUNELVELI DISTRICT.

4.THE INSPECTOR OF POLICE, PERAMBALUR POLICE STATION, PERAMBALUR DISTRICT. 5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL MP(MD) No.3887 of 2021 IN CRL OP(MD) No.12017 of 2020 Date :13/07/2021 IAS PK/MNR/SAR-V/15.07.2021 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2