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Madras High CourtCRL OP(MD)/6186/2024withdrawn dismissed

A.Nathiya v. Poosaidurai

2024-08-20Honourable Mr Justice D.Bharatha Chakravarthy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/08/2024

CORAM

The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY A.Nathiya

...Petitioner/Intervenor/defacto complainant

Vs

1. Poosaidurai, ...1st respondent / petitioner / Accused No. 1

2. The Inspector of Police, District Crime Branch(Dcb), Sivagangai District.

Crime No.4 of 2024.

... 2ndRespondent/respondent/Complainant This Criminal Original Petition has been filed under Section 482 r/w. 439(1)(b) of BNS to cancel the order of Anticipatory Bail dt.25.3.2024 passed in Crl.MP.No.1099 of 2024 on the file of Principal Sessions Judge, Sivagangai. For Petitioner : M/s.P.Jessi Jeeva Priya, Advocate. For Respondent No.2 : Mr.R.M.Anbunithi, Additional Public Prosecutor For Respondent No.4 to R5 : Mr.R.Sundar, Advocate

ORDER

This Criminal original Petition has been filed to cancel the order of anticipatory

bail to the first respondent / accused, dated 25.3.2024 made in Crl.M.P.No.1099 of 2024 on the file of the Principal Sessions Judge, Sivagangai.

2. This application is filed on behalf of the de facto complainant. The contention is that the trial court enlarged the petitioner on anticipatory bail only on the ground that it is a civil in nature. When the accused have abused the process of court and taking advantage of the name similarity have used the Patta which is granted in respect of the others created to claim title, the finding of the trial Court that it is civil in nature is incorrect in law and hence, the anticipatory bail has to be cancelled.

3. The cancellation of anticipatory bail already granted lies on a narrow campus. The prima facie findings made on behalf of the grant of anticipatory bail cannot be gone into in detail. Prima facie the trial Court found that already civil suits are pending between the parties it is a fit case for granting of anticipatory bail to the petitioner. It is one thing to contend that whether it would be a fit case for grant or anticipatory bail or not and it is another thing to cancel the anticipatory bail which is granted in the month of March 2024 and thereafter, the first respondent has also appeared before the 2nd respondent police and the investigation being conducted. I am of the view that no grounds are made out to cancel the anticipatory bail already granted to the first respondent.

4. Therefore, this Criminal Original Petition stands dismissed. sd/- 20/08/2024 / TRUE COPY / / 09 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO

1. THE PRINCIPAL SESSIONS JUDGE, SIVAGANGAI.

2 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH(DCB), SIVAGANGAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.6186 of 2024 Date :20/08/2024 PSP/ SG /SAR /27.09.2024/ 3P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023