Madras High CourtCRL MP(MD)/8085/2023disposed of

Natchimuthu v. Rama Alaguvel @ Rama Alagu

2023-06-12Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL MP(MD) No.8085 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twelfth day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL MP(MD) No.8085 of 2023 IN CRL OP(MD) No.8954 of 2023 NATCHIMUTHU ... PETITIONER/DEFACTO COMPLAINANT Vs 1 RAMA ALAGUVEL @ RAMA ALAGU ... 1ST RESPONDENT/ACCUSED 2 THE INSPECTOR OF POLICE KANNIVADI POLICE STATION, DINDIGUL DISTRICT (CRIME NO.50 OF 2023) ... 2ND RESPONDENT/COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to cancel the Anticipatory Bail in favour of the 1st respondent/accused by the before this Honble Court in Crl.OP(MD) No.8954 of 2023 dated 18.05.

2023 Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.VARADHARAJAN R, Advocate for the petitioner and of M/S.THANGA ARAVINDH.B, Advocate on behalf of the Respondent No.2, the court made the following order:- This Petition has been filed to cancel the anticipatory bail in favour of the first respondent/accused before this Court in Crl.O.P.(MD)No.8954 of 2023 dated 18.05.2023.

2. The first respondent herein has filed a petition for anticipatory bail before this Court in Crl.O.P.(MD)No.6621 of 2023 and this Court granted anticipatory bail by an order dated 11.04.2023 on condition that the first respondent shall deposit a sum of Rs.25,000/- directly to the defacto complainant as compensation and on production of receipt, the learned Magistrate shall accept the sureties produced by the first respondent. Further it was not complied with. Later the first respondent herein has filed another petition for modification in Crl.M.P.(MD)No.6744 of 2023 and the same was also dismissed by this Court by an order dated 26.04.2023. Suppressing these facts again, the first respondent herein filed a petition before this Court in Crl.O.P.(MD)NO.8954 of 2023 for anticipatory bail in very same crime number and the same was brought to the notice of this Court by the respondent police. Thereafter, this Court granted anticipatory bail on condition that the first respondent shall deposit a sum of Rs.20,000/- to the https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.8085 of 2023 credit of the Crime No.50 of 2023 and on receipt of the same, the learned Magistrate shall accept the sureties furnished by the petitioner. Now the first respondent herein has paid the entire amount to the credit of the crime Number.

3. Heard the learned Government Advocate (Crl.Side) appearing for the respondent police.

4. Taking into consideration the facts and circumstances of the case, this Court permitted the petitioner to withdraw the amount, which was already deposited by the first respondent in Crime No.50 of 2023 on the file of the learned Judicial Magistrate, Aathur, Dindingul District by way of filing proper application. It is also made clear that the learned Judicial Magistrate, Aathur, shall grant permission to withdraw without ordering any notice to the first respondent herein.

5. With the above direction, this petition is disposed of. sd/- 12/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

mrn TO 1 THE JUDICIAL MAGISTRATE, AATHUR, DINDIGUL DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3 THE INSPECTOR OF POLICE KANNIVADI POLICE STATION, DINDIGUL DISTRICT.

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

ORDER

IN CRL MP(MD) No.8085 of 2023 IN CRL OP(MD) No.8954 of 2023 Date :12/06/2023 RK/SSS/SAR- (15/06/2023) 2P/5C https://www.mhc.tn.gov.in/judis 2/2