A.Najimunisa v. A.Abufarish

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2024

CORAM

THE HON'BLE MR.JUSTICE B.PUGALENDHI A.Najimunisa ... Petitioner/Defacto complainant Vs

1. A.Abufarish ... Respondent/Accused

2. The Inspector of Police, City Crime Branch, Trichy. Crime No.7 of 2024.

... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 439(1)(B) of Cr.P.C praying to cancel the Anticipatory Bail granted to the 1st Respondent/Accused in Crl.M.P.No.1980 of 2024, dated 08.04.2024 on the file of learned Principal District and Sessions Judge, Trichy.

For Petitioner : Mr.M.Sivabalan, Advocate For Respondent : Mr.B.Thanga Aravindh (R2) Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking to cancel the Anticipatory Bail granted to the 1st Respondent/Accused in Crl.M.P.No.1980 of 2024, dated 08.04.2024 on the file of learned Principal District and Sessions Judge, Trichy.

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2.The petitioner, who is the defacto complainant has filed this petition to cancel the anticipatory bail granted to the first respondent by the learned Principal District and Sessions Judge, Trichy on the following grounds: ● The learned Principal District and Sessions Judge, Trichy failed to appreciate the facts in the intervening petition filed by the petitioner; ● The second respondent is colluding with the first respondent and acted in favour of him;

● Due to the political influence of the first respondent, the second respondent has foisted a false case against the petitioner; ● In this case, the second respondent has not conducted the investigation in a fair and proper manner;

● The first respondent is threatening the defacto complainant to withdraw the case.

3.The aforesaid grounds are not valid grounds for cancellation of anticipatory bail granted to the first respondent. If the petitioner is aggrieved over the investigation conducted by the second respondent, she is at liberty to file an appropriate petition before the concerned Magistrate. 2/3

4.In view of the above, this petition stands dismissed. sd/- 22/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, TRICHY.

2 THE INSPECTOR OF POLICE CITY CRIME BRANCH, TRICHY.

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

+1 CC to M/s.K.SIVABALAN, Advocate ( SR-4806[I] dated 24/04/2024 )

ORDER

IN CRL OP(MD) No.6030 of 2024 Date :22/04/2024 SS/GS/SAR- /25/04/2024/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3