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Madras High CourtCRL OP(MD)/8512/2022dismissed

Perumal @ Veeraperumal v. The Sub Inspector Of Police

2023-03-08Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). Nos.8512 & 10771 of 2022 Perumal @ Veeraperumal ... Petitioner/Defacto Complainant/ Defacto Complainant Vs 1.State Rep.by The Sub Inspector of Police, Kalugumalai Police Station, Thoothukudi District.

Crime No.253 of 2021.

... 1st Respondent/Respondent/Complainant 2.Soundararajan @ Samuthiraraj ... 2nd Respondent/Petitioner/ Accused No.1 For Petitioner : M/s.Thirumal.V., Advocate.

For R - 1 : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- To cancel the bail in Cr.M.P No.6833 of 2021 dated 30.09.2021 on the file of the learned Judicial Magistrate No.I, Kovilpatti. 2.Crl.O.P(MD)No.10771 of 2022:- Perumal @ Veeraperumal ... Petitioner/Defacto Complainant/ Defacto Complainant Vs

1. State Rep.by The Sub Inspector of Police, Kalugumalai Police Station, Thoothukudi District.

Crime No. 253 of 2021. ... 1st Respondent/Respondent/Complainant 2.Mariappan 3.UthayaKumar ... 2nd & 3rd Respondents/Petitioners/ Accused No.2 & 3 For Petitioner : M/s. Thirumal.V., Advocate.

For R - 1 : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) For RR 2 & 3 : Mr.M.Prabhu, Advocate 1/3

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- To cancel the bail in Cr.M.P No.4558 of 2021 dated 06.10.2021 on the file of the learned Principal District Judge, Thoothukudi. COMMON ORDER : The Court made the following order :- Crl.O.P(MD)No.8512 of 2022 has been filed to cancel the bail granted by the learned Judicial Magistrate No.I, Kovilpatti in Cr.M.P No.6833 of 2021, dated 30.09.2021.

2.Crl.O.P(MD)No.10771 of 2022 has been filed to cancel the anticipatory bail granted by the learned Principal District Judge, Thoothukudi in Cr.M.P.No.4558 of 2021, dated 06.10.2021. 3.The learned counsel appearing for the petitioner would submit that the second respondent/A1 in Crl.O.P(MD)No.8512 of 2022 and the respondents 2 and 3/A2 & A3 in Crl.O.P(MD)No.10771 of 2022 failed to comply with the conditions imposed by the trial Court. 4.The learned Government Advocate (Criminal Side) appearing for the first respondent would submit that as far as the second respondent/A1 in Crl.O.P(MD)No.8512 of 2022 is concerned, he is complying with the conditions imposed by the trial Court and the respondents 2 and 3/A2 & A3 in Crl.O.P(MD)No.10771 of 2022 are concerned, they failed to comply with the conditions imposed by the trial Court.

However, the first respondent completed the investigation in Crime No.253 of 2022 and filed a final report and the same has been taken cognizance in C.C.No.265 of 2022, on the file of the learned Judicial Magistrate No.II, Kovilpatti. 5.Taking into consideration the facts and circumstances of the case, the respondents 2 and 3/A2 & A3 in Crl.O.P(MD)No.10771 of 2022 are directed to appear before the first respondent for a further period of two weeks from the date of receipt of a copy of this order. On the said direction, this Court finds no ground to cancel the bail granted to the accused persons. Hence, these Criminal Original Petitions are dismissed.

sd/- 08/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PS 2/3

TO 1 THE JUDICIAL MAGISTRATE NO.I, KOVILPATTI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT. 3 THE PRINCIPAL DISTRICT JUDGE, THOOTHUKUDI DISTRICT. 4 THE SUB INSPECTOR OF POLICE, KALUGUMALAI POLICE STATION, THOOTHUKUDI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+2 CC TO MR.V.THIRUMAL, ADVOCATE, SR-14173[F], SR-14172[F] ORDER IN CRL OP(MD). Nos.8512 & 10771 of 2022 Date :08/03/2023 RS/BUC/SAR-1(17.03.2023) 3P 8C 3/3