K.Jeyabharathi v. The Inspector Of Police

CRL OP(MD). No.14758 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.14758 of 2021 K.Jeyabharathi, ... Petitioner/Wife of the defacto complainant Vs

1. State Rep.by The Inspector of Police, Kadalkudi Police Station, Thoothukudi District.

... 1st Respondent/Respondent/Complainant

2. Marisamy,

3. Tamilarasan @ Thamizharasan,

4. Sathishkumar,

5. Pandishwaran,

6. Manoj @ Manojkumar,

7. Murugan, ... Respondents 2 to 7/Petitioners 2 to 7/ Accused Nos.3 to 8 For Petitioner : M/s.Samy K.K.,Advocate.

For R - 1 : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) For RR 2 to 6 : Mr.M.Jagadeesh Pandian For R - 7 : No appearance PETITION FOR CANCELLATION OF BAIL UNDER SECTION 439(2) OF Cr.P.C PRAYER :- To cancel the bail granted by the learned Principal Sessions Judge, Thoothukudi in Cr.M.P No.1636 of 2021 dt.17.04.2021. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.14758 of 2021 ORDER : The Court made the following order :- This Criminal Original Petition has been filed to cancel the bail granted by the learned Principal Sessions Judge, Thoothukudi in Cr.M.P.No.1636 of 2021, dated 17.04.2021.

2.The learned counsel appearing for the petitioners would submit that the prosecution as well as the respondents 2 to 7 suppressed the fact that the victim was admitted in the hospital and had taken treatment as an inpatient for more than four months and obtained bail as if the victim was discharged from the hospital. 3.The learned Government Advocate (Criminal Side) appearing for the first respondent would submit that now the charge sheet has been laid, and the same has been taken cognizance in S.C.No.50 of 2022 on the file of the Additional District Court, Thoothukudi and the respondents 2 to 7 are facing trial.

4.Taking into consideration the facts and circumstances of the case, this Court finds no ground to cancel the bail granted to respondents 2 to 7. Hence, this Criminal Original Petition is dismissed.

sd/- 08/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PS TO 1 THE PRINCIPAL SESSIONS JUDGE, THOOTHUKUDI 2 THE INSPECTOR OF POLICE KADALKUDI POLICE STATION, THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL OP(MD) No.14758 of 2021 Date :08/03/2023 PKP/BUC/SAR-2/20.03.2023/ 2P/4C https://www.mhc.tn.gov.in/judis 2/2