Poomagal v. The Inspector Of Police
CRL MP(MD) No.5536 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Second day of September Two Thousand and Twenty One PRESENT The Hon'ble Mr.Justice B.PUGALENDHI CRL MP(MD) No.5536 of 2021 IN CRL OP(MD) No.5394 of 2021
1. POOMAGAL
2. M.THILAGAR ... PETITIONERS/ACCUSED NO.3 AND 4 Vs THE STATE REP. BY, THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TIRUNELVELI, TIRUNELVELI DISTRICT.
(CRIME NO.4 OF 2021). ... RESPONDENT/COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to relax the conditions imposed by this Honble Court against the petitioners in Crl.O.P.(MD) No.5394 of 2021 dated 20.04.2021. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.S.R.ANBARASU, Advocate for the petitioner and of Mr.P.KOTTAI CHAMY, Government Advocate (Criminal Side) on behalf of the Respondent, the court made the following order:- The petitioners apprehending arrest at the hands of the respondent police for the offence punishable under Sections 420, 465, 468, 471, 447, 427, 294(b) & 506(i) IPC in Cr.No.4 of 2021 approached this Court for anticipatory bail in Crl.OP.(MD)No.5394 of 2021. This Court by order dated 20.04.2021 has granted anticipatory bail to the petitioners with certain conditions and one among them is to report before the respondent police daily.
2. In order to relax the said condition, the present petition in Crl.MP(MD)No.5536 of 2021 came to be filed. When the matter came up for admission on 09.08.2021, learned Counsel for the petitioners submitted that a marriage was proposed for the petitioners' son on 23.08.2021 and therefore, requested for relaxation of the condition. When this Court directed the learned Government Advocate to verify the said fact, on the next day, the learned Counsel for the petitioners made a mention that the marriage proposed on 23.08.2021 was cancelled due to Covid-19. Therefore, this Court directed the petitioners to comply with the conditions imposed in Crl.OP(MD) No.5394 of 2021 for some more time and adjourned the matter to today.
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CRL MP(MD) No.5536 of 2021
3. Today, the learned Government Advocate (Crl. Side), on instructions, submitted that the petitioners have complied with the conditions only till 17.08.2021 and thereafter, they did not comply with the same.
4. In response, the learned Counsel for the petitioners submitted that he has advised his clients to comply the conditions, but, they have taken away the bundles and also obtained change of vakalath from him and therefore, he is not having any instructions from them.
5. Considering the conduct of the petitioners, this Court is not inclined to entertain this petition and therefore, the same is accordingly dismissed. If anybody, after obtaining an order of bail / anticipatory bail from the Court, fails to comply with the conditions stipulated therein, it is the duty of the respondent police to move an application for cancellation of such bail / anticipatory bail.
sd/- 02/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO
1. THE JUDGE, SPECIAL COURT FOR ANTI LAND GRABBING, TIRUNELVELI.
2. THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TIRUNELVELI, TIRUNELVELI DISTRICT.
3. ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CRL MP(MD) No.5536 of 2021 IN CRL OP(MD) No.5394 of 2021 Date :02/09/2021 USK/JM/SAR-IV/08.09.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2