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Madras High CourtCRL MP(MD)/6274/2023dismissed

Jebalitta v. The Inspector Of Police

2023-04-19Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL MP(MD) No.6274 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Nineteenth day of April Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL MP(MD) No.6274 of 2023 IN CRL OP(MD) No.22086 of 2022 JEBALITTA ... PETITIONER/DEFACTO COMPLAINANT Vs 1 STATE REP. BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, VALLIYOOR, TIRUNELVELI DISTRICT.

CRIME NO.18 OF 2022.

... 1ST RESPONDENT/RESPONDENT 2 ANISH PAUL ... 2ND RESPONDENT/PETITIONER 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 by this Honble court in Crl O.P (MD) No. 22086/2022 dated 16.02.2023. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.EZHILARASU.C, Advocate for the petitioner and of M/S.B.THANGA ARAVINDH, Government Advocate (Crl.Side) on behalf of the Respondent the court made the following order:- This Criminal Miscellaneous Petition has been filed to cancel the anticipatory bail granted by this Court in Crl.O.P.(MD)No.22086 of 2022, dated 16.02.2023.

2.It is seen that after granting anticipatory bail, the second respondent had conspired with rowdy elements in order to finish off the petitioner. Therefore, the life of the petitioner is in endanger at the hands of the second respondent and his family members. https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.6274 of 2023 3.However, the learned Government Advocate (Crl. side) would submit that no complaint has been received sofar and therefore, it is premature to cancel the anticipatory bail granted to the second respondent without any complaint or without any allegation. 4.In view of the above, this Court is not inclined to cancel the anticipatory bail granted to the second respondent in Crl.O.P. (MD)No.22086 of 2022, dated 16.02.2023. However, in future, if any such allegation made and by lodging any complaint, the first respondent is directed to take appropriate action as against the second respondent in the manner known to law. sd/- 19/04/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI To 1.Judicial Magistrate , Valliyoor, Tirunelveli District. 2.-do-Through The Chief Judicial Magistrate, Tirunelveli District.

3.The Inspector of Police, All Women Police Station, Valliyoor, Tirunelveli District.

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

ORDER

IN CRL MP(MD) No.6274 of 2023 IN CRL OP(MD) No.22086 of 2022 Date :19/04/2023 NA/SSS/SAR-4/02.05.2023/2P/5C https://www.mhc.tn.gov.in/judis 2/2