Madras High CourtCRL MP(MD)/6442/2022dismissed

A.Alagu v. P.Valanadu

2023-03-14Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourteenth day of March Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL MP(MD) Nos.6442,6444 & 6445 of 2022 IN CRL OP(MD) Nos.8926, 7767 & 7778 of 2022 A.ALAGU ... PETITIONER/2nd RESPONDENT/ DEFACTO COMPLAINANT IN ALL PETITIONS Vs 1 P.VALANADU 2 SASI @ SASIKUMAR ...RESPONDENTS 1 & 2/ PETITIONERS / ACCUSED NOS.2 & 3 IN CRL MP(MD)No.6442 of 2022 3 THE STATE REP BY, THE INSPECTOR OF POLICE MELUR POLICE STATION, MADURAI.

CRIME.NO. 173 OF 2022 ... 3rd RESPONDENT/1st RESPONDENT /COMPLAINANT IN CRL MP(MD)No. 6442 of 2022 ...2nd RESPONDNET/PETITIONER /ACCUSED RANK NOT KNOWN IN CRL MP(MD)No. 6444 of 2022 ...6th RESPONDENT/1st RESPONDENT/COMPLAINANT IN CRL MP(MD)No. 6445 of 2022 1 JEGADHEESAN ...1st RESPONDENT/PETITIONER /ACCUSED RANK NOT KNOWN IN CRL MP(MD)No. 6444 of 2022 1 BOSE 2 RAMACHANDRAN 3 LAKSHMI 4 SHALINI 5 DHIVYA ...RESPONDENTS 1 TO 5/ PETITIONERS / ACCUSED NOS. 1,4,5,6 & 7 IN CRL MP(MD)No.6445 of 2022 1/3

PRAYER IN CRL MP(MD) No.6442 of 2022 Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to cancel the order of bail granted in favour of the respondents 1 and 2 in Crl.O.P.(MD) No. 8926 of 2022 on the file of this Honourable court dt 11/05/2022 in connection with Crime.No. 173 of 2022, on the file of the 3rd respondent police. Prayer in CRL MP(MD). 6444/ 2022 :

To cancel the order of bail granted in favour of the 1st respondent in Crl.O.P.(MD) No. 7767 of 2022 on the file of this Honourable court dt 11/05/2022 in connection with Crime.No. 173 of 2022, on the file of the 2nd respondent police Prayer in CRL MP(MD). 6445/ 2022 :

To cancel the order of bail granted in favour of the respondents 1 to 5 in Crl.O.P.(MD) No. 7778 of 2022 on the file of this Honourable court dt 11/05/2022 in connection with Crime.No. 173 of 2022, on the file of the 6th respondent police Order : These petitions coming up for orders on this day, upon perusing the petitions filed in support thereof and upon hearing the arguments of M/S.KANNAN M, Advocate for the petitioner in all petitions and of B.THANGA ARAVINDH, Government Advocate (Criminal Side) on behalf of the 3rd Respondent in CRL MP(MD)No. 6442 of 2022 and for 2nd Respondent in CRL MP(MD)No. 6444 of 2022 and for 6th Respondent in CRL MP(MD)No. 6445 of 2022 and of MR.M.S.JEYAKARTHIK, Advocate for the Respondents 1 & 2 in CRL MP(MD)No.6442 of 2022 and for Respondents 1 to 5 in CRL MP(MD)No.6445 OF 2022 and of MR.N.P.RAVICHANDRAN, Advocate for the 1st Respondent in CRL MP(MD)NO. 6444 of 2022, the court made the following order:- These petitions have been filed to cancel the bail granted to the accused persons in Crl.O.P.(MD)Nos.8926, 7767 & 7778 of 2022 dated 11.05.2022.

2.Mr.M.Kannan, learned counsel appearing for the petitioner would submit that the previous cases involved by the accused persons were not considered and even after granting anticipatory bail to them, they have threatened the witnesses and as such, another FIR has also been registered as against the one of the accused in Cr.No.507 of 2022 and A1 was arrested and subsequently, released on bail.

3.Mr.M.S.Jeyakarthik, learned counsel appearing for the respondents in Crl.M.P.(MD)No.6445 of 2022 would submit that the first respondent/A1 alone involved in the subsequent case and the other accused persons are not involved in the said case. He would further submit that the first respondent/A1 was provoked by the petitioner herein and he set up camera inside the car and he invited 2/3

him to fight with him. Therefore, the first respondent/A1 never involved by himself and only on induction by the defacto complainant, the said occurrence was happened. However, the first respondent/A1 was released on bail and now the all the accused persons are ready to co-operate with the investigation in the present case.

4.In view of the above submission, this Court finds no grounds to cancel the bail and anticipatory bail granted by this Court to the accused persons in Crl.O.P.(MD)Nos.8926, 7767 & 7778 of 2022 dated 11.05.2022. Accordingly, this criminal original petition is dismissed. However, the first respondent/A1 in Crl.M.P.(MD)No.6445 of 2022 is directed to report before the Inspector of Police, Melur Police Station daily at 10.30 am., for a period of four weeks and the Inspector of Police is directed to complete the investigation in Crime No.173 of 2022 and file final report, within a period of twelve weeks from the date of receipt of a copy of this order. sd/- 14/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO 1 THE JUDICIAL MAGISTRATE,MELUR.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE,MADURAI DISTRICT. 3 THE INPECTOR OF POLICE MELUR POLICE STATION,MADURAI DISTRICT.

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

+1 CC to M/s.M.KANNAN, Advocate ( SR-4219[I] dated 15/03/2023 )

ORDER

IN CRL MP(MD) Nos.6442,6444 & 6445 of 2022 IN CRL OP(MD) Nos.8926, 7767 & 7778 of 2022 Date :14/03/2023 PKP/SBN/SAR-2/30.03.2023/ 3P/6C 3/3