Madras High CourtCRL MP(MD)/8600/2022disposed of

D.Parimalam v. The Inspector Of Police

2022-09-14Honourable Mr Justice G.R.Swaminathan2 pages

CRL MP(MD) No.8600 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourteenth day of September Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL MP(MD) No.8600 of 2022 IN CRL OP(MD) No.6533 of 2021 D.PARIMALAM ... PETITIONER / DEFACTO COMPLAINANT Vs 1 THE STATE REP.BY, THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, DINDIGUL DISTRICT.

(CRIME NO.8/2021) ... 1st RESPONDENT / RESPONDENT / COMPLAINANT 2 M.THANGAVEL 3 V.GOPALSAMY 4 K.LAKSHMANAN 5 A.SARAVANAN ... 2 to 5 RESPONDENTS / PETITIONERS / ACCUSED 1 TO 4 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 granted by this Honble Court in Crl.OP (MD)No.6533/21 dated 8/6/2021.

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.G.IRUDAYASAMY, Advocate for the petitioner and of MR.T.SENTHILKUMAR, Additional Public Prosecutor for the 1st respondent and of MR.M.S.RAJA, Advocate for the respondents 2 to 5, the court made the following order:- Heard the learned counsel appearing for the writ petitioner / the defacto complainant and the learned Additional Public Prosecutor appearing for the first respondent.

2. The accused were granted Anticipatory Bail in Crl.O.P(MD) No.6533 of 2021. To cancel the same, this miscellaneous petition has been filed. The grievance of the petitioner is that the documents in question are in the custody of the jurisdictional civil Court and that steps have not been taken to refer the same for forensic opinion. This Court, therefore, gave a direction on the last https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.8600 of 2022 occasion. Pursuant to the said direction, the documents in question have been secured from the jurisdictional civil Court and they have been referred for obtaining the opinion of the Deputy Director, Regional Forensic Science Laboratory, Madurai. The said authority from whom expert opinion has been sought vide communication bearing Ka.No.1169 dated 12.09.2022 is directed to offer his expert opinion within a period of two months from the date of receipt of a copy of this order. It is further undertaken before me that after the opinion is furnished by the Deputy Director, Regional Forensic Science Laboratory, Madurai final report will be filed within a period of one month thereafter.

3. With this direction, this Criminal Miscellaneous Petition is disposed of.

sd/- 14/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, DINDIGUL DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, DINDIGUL DISTRICT.

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

COPY TO:

1 THE DISTRICT MUNSIF, PALANI 2 THE DEPUTY DIRECTOR, REGIONAL FORENSIC SCIENCE LABORATORY, MADURAI 20. 3 THE SECTION OFFICER, CRIMINAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to M/S.IRUDAYASAMY G Advocate SR.No.44905 (F) Date:15/09/2022 ORDER IN CRL MP(MD) No.8600 of 2022 IN CRL OP(MD) No.6533 of 2021 Date :14/09/2022 mga SA/SVR/SAR.2/20.09.2022/2P/9C https://www.mhc.tn.gov.in/judis 2/2