← Library
Madras High CourtCRL MP(MD)/7876/2022dismissed

Suleka v. The Inspector Of Police

2022-07-13Honourable Mr Justice B.Pugalendhi2 pages

CRL.MP(MD)No.7876 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.07.2022 PRESENT:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI CRL.MP(MD)No.7876 of 2022 in CRL.OP(MD)No.18639 of 2021 Suleka ... Petitioner/De-facto Complainant Vs.

1.The State rep. by The Inspector of Police, Arumanai Police Station, Arumanai, Kanyakumari District.

Cr.No.44 of 2021 ... Respondent/Complainant 2.Rajagopal 3.S.R.Kavitha ... Respondents/Accused Nos.1 & 2 Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to cancel the anticipatory bail granted by this Court in Crl.OP(MD) No.18639 of 2021 dated 16.12.2021, in favour of respondents 2 & 3 in connection with Crime No.4 of 2021 on the file of the Inspector of Police, Arumanai Police Station, Arumanai, Kanyakumari District. ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.S.PALANI VELAYUTHAM , Advocate for the petitioner and of Mr.T.

SENTHILKUMAR, Additional Public Prosecutor on behalf of the 1st Respondent, the court made the following order:- The petitioner / defacto complainant has filed this application to cancel the anticipatory bail granted by this Court in favour of the respondents 2 & 3 in connection with the case in Crime No.44 of 2021 on the file of the Inspector of Police, Arumanai Police Station, Kanyakumari District.

2.Learned Counsel for the petitioner submitted that the respondents 2 & 3 have given some undertaking that they would return the amount before this Court at the time of hearing the anticipatory bail application, however, they have failed to comply with the same and therefore, he prayed for cancelling the anticipatory bail. https://www.mhc.tn.gov.in/judis 1/2

CRL.MP(MD)No.7876 of 2022 3.Perused the order dated 16.12.2021, made in Crl.OP(MD) No.18639 of 2021. No such undertaking, as claimed by the petitioner, was given by the respondents 2 & 3 before this Court. Considering the facts and circumstances of the case and holding that the issue involved is civil in nature, anticipatory bail was granted to the respondents 2 & 3. This Court does not find any reason in this application to interfere with the order granting anticipatory bail. Accordingly, this miscellaneous petition stands dismissed. sd/- 13/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I KUZHITHURAI, KANYAKUMARI.

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

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

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

+1. C.C. to M/S.R.ILAYARAJA, Advocate SR.No.7056 (I) Date:13.07.2022

ORDER

IN CRL MP(MD) No.7876 of 2022 IN CRL OP(MD) No.18639 of 2021 Date :13/07/2022 SA/VR/SAR.1/18.07.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2