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Madras High CourtCRL OP(MD)/14711/2021dismissed

Jeyabharathi.K v. The Inspector Of Police

2023-03-08Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.14711 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.14711 of 2021 Jeyabharathi.K,

...Petitioner/Wife of the Defacto complainant

Vs

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

... 1st Respondent/Respondent /Complainant

2. Azhagupandi, ... 2nd Respondent/Petitioner/ Accused No.1 For Petitioner : M/s. Samy.K.K, Advocate.

For R - 1 : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) 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.1626 of 2021 dated 17.04.2021 and pass further order.

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.1626 of 2021, dated 17.04.2021.

2.The learned counsel appearing for the petitioner would submit that the prosecution as well as the second respondent 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. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.14711 of 2021 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 second respondent is facing trial.

4.Taking into consideration the facts and circumstances of the case, this Court finds no ground to cancel the bail granted to the second respondent. 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, THOOTHUKUDUI DISTRICT.

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

+1. CC to M/S. SAMY.K.K Advocate SR.No.14084(F) +1. CC to M/S. M.JEGADEESH PANDIAN, Advocate SR.No.14161(F)

ORDER

IN CRL OP(MD) No.14711 of 2021 Date :08/03/2023 PKP/BUC/SAR-2/20.03.2023/ 2P/6C https://www.mhc.tn.gov.in/judis 2/2