Madras High CourtCRL RC(MD)/431/2021dismissed

R.Sivaraman v. The Inspector Of Police

2022-04-27Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.R.C.(MD)No.431 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.(MD)No.431 of 2021 and Crl.M.P(MD)No.6118 of 2021 R.Sivaraman ... Petitioner/Petitioner Vs.

1.The State represented by The Inspector of Police, Kumbakonam Police Station, Thanjavur District.

(Crime No.246/2019) 2.Bharanidharan 3.Dinakaran ... 1,2&3 Respondents/ 1,2&3 Respondents Prayer: This Criminal Revision Petition filed under Section 397 r/w 401 Cr.P.C. to call for the records and to set aside the order, dated 29.04.2021, made in Cr.M.P.No.580 of 2020, against Cr.M.P.No.4722/2019, on the file of the learned Principal Sessions Judge, Thanjavur District and consequently, to cancel the anticipatory bail granted to the second and third respondents/accused.

For Petitioner : Mr.K.M.Karunakaran For R1 : Mrs.M.Aasha Government Advocate (Crl.Side) For R2 and R3 : Mr.P.M.Vishnuvarthanan

ORDER

The Criminal revision petition has been filed seeking to set aside the order passed in Cr.M.P.No.580 of 2020, against Cr.M.P.No.4722/2019, on the file of the learned Principal Sessions Judge, Thanjavur District and consequently to cancel the anticipatory bail granted to the second and third respondents/accused.

2.On perusal of records revealed that the petitioner is the defacto complainant and he filed a petition to cancel anticipatory bail granted to the respondents 2 and 3 herein in Crime No.246/2019, on the ground that they suppressed the facts and obtained anticipatory bail. The Court below granted anticipatory bail to the respondents 2 and 3 on merits.

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Crl.R.C.(MD)No.431 of 2021 3.That apart, the first respondent completed investigation and filed final report and the same has been taken cognizance in C.C.No.290/2020, on the file of the learned Judicial Magistrate No.II, Kumbakonam and it is pending for trial. The respondents 2 and 3 had also complied the condition imposed by the learned Judicial Magistrate No.II, Kumbakonam, while granting anticipatory bail.

4.Therefore, the Court below rightly dismissed the petitioner for cancellation of anticipatory bail and this Court finds no infirmity or illegality in the order passed by the Court below. Accordingly, the criminal revision petition is dismissed. Consequently, the connected miscellaneous petition is also closed. Sd/- Assistant Registrar (RTI) // True Copy // / /2022 Sub Assistant Registrar(CS) lr Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Principal Sessions Judge, Thanjavur District.

2.The Judicial Magistrate No.II, Kumbakonam.

3. The Inspector of Police, Kumbakonam Police Station, Thanjavur District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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