Madras High CourtCRL OP(MD)/477/2016disposed of

Soundaravalli v. The Inspector Of Police

2016-06-20Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twentieth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.477 of 2016 SOUNDARAVALLI ... PETITIONER/PROPOSED RESPONDENT/ DEFACTO COMPLAINANT Vs 1 STATE REP BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KEELAKKARAI, RAMANATHAPURAM DISTRICT.

(CRIME NO. 12 OF 2015) ...RESPONDENT NO.1/RESPONDENT/COMPLAINANT 2 S. MURUGAN 3 G. MANJULA 4 GANESAN ...RESPONDENTS NO.2 TO 4/PETITIONERS/ ACCUSED Nos.1 TO 3 Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to cancel the anticipatory bail granted to the respondent nos. 2 to 4 vide order dated 09.12.2015 in Crl.M.P.No. 3077 of 2015 passed by the honourable Principal Sessions Judge, Ramanathapuram ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S S.MALAIKANI Advocate for the petitioner and MR.P.KANNITHEVAN Government Advocate(Crl.Side) for R1 and MR.A.THIRUPPATHY Advocate for R2 to R4 the court made the following order:- The respondents 2 to 4 were charged for the offences under Sections 498(A), 406 and 506(i) of IPC, in Crime No.12 of 2015. They filed Crl.M.P.No.3077 of 2015 before the Principal District and Sessions Court, Ramanathapuram, for anticipatory bail.

2. The petitioner filed a petition for intervening and opposed to grant anticipatory bail to the respondents 2 to 4. The learned Public Prosecutor also opposed to grant anticipatory bail to them, but, he conceded that the case may be referred to Lok Adalat, to settle the matter. The second respondent also agreed to settle the matter.

3. Considering the submissions made by the parties and that the amount borrowed will be settled through Mediation, the learned Principal District and Sessions Judge, Ramanathapuram, by order dated 09.12.2015, in Crl.M.P.No.3077 of 2015, granted anticipatory bail to the respondents 2 to 4 on the following conditions: " 1. that the petitioner / accused make themselves available for interrogation by a police officer as and when required during the condition period.

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2. that the petitioner / accused shall not leave India without the previous permission of the Court.

3. that the petitioner / accused should report and sign before respondent Police Station, daily at 10.00 a.m., until further orders."

4. Now, the petitioner has come out with the present petition to cancel the anticipatory bail granted to the respondents 2 to 4, vide order dated 09.12.2015 in Crl.M.P.No.3077 of 2015, on the ground that the second respondent is making arrangements to leave India without permission of the Court.

5. The learned counsel for the respondents 2 to 4 submitted that the second respondent will not leave India without getting permission from the learned Principal District and Sessions Judge, Ramanathapuram. He further submitted that the second respondent is willing and ready to surrender his passport before the Trial Court and prayed for dismissal of the Criminal Original Petition.

6. The learned Government Advocate (Criminal side) submitted that already charge sheet has been filed and the same is yet to be taken on file.

7. The petitioner has come out with the present petition only on misapprehension. The said allegation was denied by the learned counsel for the respondents 2 to 4.

8. Considering the submissions made on either side, this Court directs the second respondent to surrender his passport to the Principal District and Sessions Court, Ramanathapuram, and he can file a petition for return of his passport as and when the same is required to leave India for his employment.

9. With the above direction, this Criminal Original Petition is disposed of.

sd/- 20/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, RAMANATHAPURAM 2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KEELAKKARAI, RAMANATHAPURAM DISTRICT.

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

+1. CC to M/S S.MALAIKANI Advocate SR.No.31461 ORDER IN CRL OP(MD) No.477 of 2016 AA/SKS-RR/SAR-II/24.06.2016/2p-5c Date :20/06/2016 https://hcservices.ecourts.gov.in/hcservices/