C.Selvakumar v. P.Niwinster

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Eighth day of June Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice B.PUGALENDHI IN CRL OP(MD) No.21125 of 2023 C.SELVAKUMAR ... PETITIONER/DEFACTO COMPLAINANT Vs 1 P.NIWINSTER ... RESPONDENT 1/PETITIONER/ACCUSED 1 2 THE INSPECTOR OF POLICE VELAYUTHAMPALAYAM POLICE STATION, KARUR DISTRICT.

(CRIME NO.541/2023) ... RESPONDENT 2/RESPONDENT/COMPLAINANT Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to cancel the Anticipatory Bail granted to the 1st Respondent herein/Petitioner in Crl.OP(MD) No.21125/2023 on the file of this Honble Court through order dated 24/11/2023 in Crime No.541/2023 on the file of the 2nd Respondent Police. Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of 1/4

Mr.C.M.MARI CHELLIAH PRABHU, Advocate for the petitioner and of Mr.S.BHARATHY KANNAN, Advocate for the 1st Respondent and Mr.B.THANGA ARAVINDH, Government Advocate on behalf of the 2nd Respondent, the court made the following order:- This criminal miscellaneous petition has been filed to cancel the anticipatory bail granted to the first respondent in Crl.O.P.(MD)No.21125 of 2023 vide order dated 24.11.2023.

2.The defacto complainant in Cr.No.541 of 2023 has filed this petition on the ground that the Investigating Officer has not recovered the car involved in the commission of offence and that except A1, the other accused persons have not been arrested and they are threatening him. The petitioner / defacto complainant also preferred a complaint to that effect. The learned counsel appearing for the petitioner has also relied on the postal receipts of the complaint. 3.The learned Government Advocate(Crl.side) appearing for the official respondent submits that they have not received any complaint as alleged by the petitioner.

4.This Court perused the postal receipts, which shows that the petitioner sent a complaint only to the Superintendent of Police, Thootukudi, without marking a copy to the Inspector of Police. This Court finds no ground to cancel the anticipatory bail 2/4

granted to the first respondent. Accordingly, this criminal miscellaneous petition is dismissed.

sd/- 28/06/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO 1 THE JUDICIAL MAGISTRATE NO.II, KARUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR.

3 THE INSPECTOR OF POLICE VELAYUTHAMPALAYAM POLICE STATION, KARUR DISTRICT.

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

COPY TO:

THE SUPERINTENDENT OF POLICE, THOOTHUKUDI.

+1 CC to M/s.C.M.MARI CHELLIAH PRABHU, Advocate ( SR-7189[I] dated 01/07/2024 ) 3/4

ORDER

IN IN CRL OP(MD) No.21125 of 2023 Date :28/06/2024 SA/JGB/SAR. /22.07.2024/4P/C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4