R.Balu v. Durai Manikandan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 20/09/2023

CORAM

The Hon`ble Mr.Justice G.ILANGOVAN R.Balu ... Petitioner/Intervener Vs.

1. Durai Manikandan ... Respondent/Petitioner/Sole Accused 2.The Inspector of Police, Town North Police Station, Dindigul District.

Crime No.172 of 2023.

... Respondent/Respondent/Complainant For Petitioner :

M/s.N.Mohideen Basha, Advocate.

For Respondent-2 :

Mr.S.Manikandan, Government Advocate (Crl.Side) For Respondent-1 :

Mr.R.G.Shankar Ganesh, Advocate PRAYER :- Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records and cancel the Bail order granted to Respondent No.1 in Crl.MP.No.1722 of 2023 dt.24.4.2023 on the file of the Principal Sessions Judge, Dindigul District.

ORDER

This Criminal original petition has been filed to cancel the Bail order granted to Respondent No.1 in Crl.MP.No.1722 of 2023 dt.24.4.2023 on the file of the Principal Sessions Judge,Dindigul District.

2.The learned counsel for the petitioner submitted that the petitioner is the defacto complainant in this case. Based on the complaint given by him, a case in Crime No.172 of 2023 has been registered by the second respondent police against the 1/3

first respondent for the offences punishable under Sections 153 B (1)(a) and 506(i) of IPC. On that basis he was arrested and remanded into judicial custody on 10.04.2023. Thereafter, he was released on bail by the order dated 24.04.2023 passed by the learned Principal Sessions Judge, Dindigul, in Crl.M.P.No.1722 of 2023. The learned counsel further submits that prior to the present FIR there are two cases pending against him. He would further submit that after coming out on bail, in a whatsapp group he made a statement about the recent promotion of a learned Chief Judicial Magistrate of Surat. Therefore, misusing the personal liberty granted to him continuously involving in criminal activities. Hence, the bail granted to him is liable to be cancelled.

3.Now the first respondent filed an undertaking affidavit/apology, wherein, he undertakes that he will not involve in any offence in future. 4.On the basis of the above said undertaking, this criminal original petition sands dismissed. Of course, if any violation is noticed, the first respondent has to face the consequences.

sd/- 20/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TM TO 1 THE PRINCIPAL SESSIONS JUDGE, DINDIGUL DISTRICT. 2 THE INSPECTOR OF POLICE, TOWN NORTH POLICE STATION, DINDIGUL DISTRICT.

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

ORDER

IN CRL OP(MD) No.12781 of 2023 Date :20/09/2023 RS/JGB/SAR-(18.10.2023) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3