Vijikumar, v. Krishnan,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Fourth day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL MP(MD) No.10488 of 2018 IN CRL OP(MD) No.10697 of 2018 VIJIKUMAR, ... PETITIONER/DEFACTO COMPLAINANT Vs 1.KRISHNAN, 2 JAGATHEESH, 3 JEYAPRAKASH @ PRAKASH, ... RESPONDENTS/PETITIONERS 4 STATE REP.BY THE INSPECTOR OF POLICE, ERANIEL POLICE STATION, ERANIEL, KANYAKUMARI DISTRICT. ... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to cancel the Anticipatory bail order granted by this Honourable Court in Crl.OP(MD)No.10697 of 2018 dated 28.06.2018 to the respondents 1 to 3 herein in Cr.No.282/2018 on the file of the 4th respondent police.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of MR.C.T. PERUMAL, Advocate for the petitioner and of MR.A.ROBINSON, Government Advocate(Crl. Side) on behalf of the 4th Respondent, the court made the following order:- The petitioner herein seeks cancellation of anticipatory bail granted vide order dated 28.06.2018 in Crl.O.P.(MD)No.10697 of 2018. The grievance of the petitioner is that even after the grant of anticipatory bail, there have been two incidents of attack on the petitioner at the hands of the accused, which leaves to registration of fresh FIR. On this ground, the petitioner seeks cancellation of anticipatory bail earlier granted.

2. I give liberty to the petitioner to move the jurisdictional Magistrate in terms of the decision of the Hon'ble Supreme Court rendered in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. https://hcservices.ecourts.gov.in/hcservices/

3. With these observations and liberty to the petitioner, this criminal miscellaneous petition is closed.

sd/- 24/01/2019 / TRUE COPY / Sub Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ERANIEL, KANYAKUMARI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3 THE INSPECTOR OF POLICE ERANIEL POLICE STATION, ERANIEL, KANYAKUMARI DISTRICT.

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

+1. C.C. to Mr.C.T. PERUMAL Advocate SR.No.42618

ORDER

IN CRL MP(MD) No.10488 of 2018 IN CRL OP(MD) No.10697 of 2018 Date :24/01/2019 sm TK/VR/SAR-I/21.02.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/