Chandraleka v. Joseph Raja
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifteenth day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL MP(MD) No.8426 of 2023 IN CRL OP(MD) No.2446 of 2023 1 CHANDRALEKA ... PETITIONER/ DEFACTO COMPLAINANT Vs 1 JOSEPH RAJA 2 SESU 3 SAVARIAMMAL 4 MARIASELVARANI ...RESPONDENTS 1 TO 4/PETITIONERS 5 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION (AWPS), TALLAKULAM, MADURAI CITY.
(IN CRIME NO.5 OF 2023) ... 5TH RESPONDENT/COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to recall the order passed by this Honble Court and to cancel the Anticipatory Bail granted to the respondents 1 to 4 by order dated 09.03.2023 in Crl.O.P(MD)No.2446 of 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.RAMALINGAM T, Advocate for the petitioner and of M/S.THANGA ARAVINDH B GOVERNMENT ADVOCATE (CRIMINAL SIDE) on behalf of the Respondent the court made the following order:- This petition has been filed to cancel the anticipatory bail granted to the respondents 1 to 4 herein by this Court, dated 09.03.2023, in Crl.OP(MD)No.2446 of 2023.
2.This petition has been filed on the ground that the first respondent has failed to return the Education Certificates of the petitioner as per the order of this Court while granting anticipatory bail to the respondents 1 to 4 herein. This Court has specifically directed the first respondent to return the original Education Certificates to the defacto complainant. https://www.mhc.tn.gov.in/judis
3.However, on perusal of FIR reveals that there was no such allegation that the first respondent had possession of her Education Certificates. That apart, on enquiry also, there was no such allegation that she studied any degree and the original Education Certificates was in possession of the first respondent herein.
4. The learned Government Advocate (Crl.Side) would submit that there was no such complaint on the respondents that they are not in a possession of any Education Certificates of the defacto complainant.
5.Therefore, the petitioner is failed to make out a ground to cancel the anticipatory bail to the respondents 1 to 4. Hence, this petition is liable to be dismissed.
6.Accordingly, this Criminal Miscellaneous Petition is dismissed. However, the petitioner is at liberty to approach the Family Court for returning of any certificate if possessed by the respondents in the manner known to law.
sd/- 15/06/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.II, MADURAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.
3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, TALLAKULAM, MADURAI CITY. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL MP(MD) No.8426 of 2023 IN CRL OP(MD) No.2446 of 2023 Date :15/06/2023 MGJ(05.07.2023) 2P 5C https://www.mhc.tn.gov.in/judis