Madras High CourtCRL MP(MD)/10189/2018dismissed

A. Ayesha Bhanu v. The Inspector Of Police

2019-01-24Honourable Mr Justice G.R.Swaminathan2 pages

EFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Fourth day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL MP(MD) No.10189 of 2018 IN CRL OP(MD) No.10279 of 2018 A. AYESHA BHANU ... PETITIONER/DE-FACTO COMPLAINANT Vs 1 THE INSPECTOR OF POLICE ARUPPUKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

(IN CRIME NO. 375 OF 2018) ...1st RESPONDENT/RESPONDENT 2 MEERAKANI ... 2nd RESPONDENT/PETITONER 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 2nd respondent in Crl.OP(MD)No. 10279 of 2018 on 29.06.2018 Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.M.JOTHIBASU, Advocate for the petitioner and of Mr.A.ROBINSON,Government Advocate (Crl Side) for R1, the Respondents the court made the following order:- The grievance of the petitioner herein is that the second respondent herein / accused obtained anticipatory bail prior to registration of Crime No.375 of 2018 on the file of the Aruppukottai Town Police Station.

The second respondent herein filed Crl.O.P. (MD)No.10279 of 2018 seeking grant of anticipatory bail for the offence under Section 420 IPC. When the matter was taken up for https://hcservices.ecourts.gov.in/hcservices/ hearing on 29.06.2018, no FIR had been registered. The FIR came to be registered only on 06.08.

420, 467, 468, 465 and 471 IPC. Therefore, the defacto complainant seeks cancellation of anticipatory bail granted to the second respondent earlier.

2. I am of the view that when subsequent registration of the FIR is based on the same complaint for which I granted anticipatory bail, there is no need to cancel the same. Accordingly, this criminal miscellaneous petition is dismissed. sd/- 24/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, ARUPPUKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

PS/JC/SAR-3/05.02.2019/2P/3C

ORDER

IN CRL MP(MD) No.10189 of 2018 IN CRL OP(MD) No.10279 of 2018 Date :24/01/2019 https://hcservices.ecourts.gov.in/hcservices/