Madras High CourtCRL MP(MD)/9050/2023partly allowed

Salomi v. Justin Raj

2023-12-13Honourable Mr Justice V.Sivagnanam4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirteenth day of December Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM IN CRL OP(MD) No.2632 of 2023 SALOMI ... PETITIONER/DEFACTO COMPLAINANT Vs 1 JUSTIN RAJ 2 JAYASINGH 3 JOHNSON @ MANI ...RESPONDENTS 1 TO 3/ PETITIONERS 4 THE INSPECTOR OF POLICE MARTHANDAM POLICE STATION, KANYAKUMARI DISTRICT (CRIME NO.50 OF 2023) ... 4th RESPONDENT/COMPLAINANT Criminal Miscellaneous 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 to the respondents 1 to 3 by this Honble Court in Crl.OP(MD)No.2632 of 2023 dated 10.03.203 Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.SREENIVASAN.M.R, Advocate for the petitioner and of 1/4

MR.RMS.SETHURAMAN, Additional Public Prosecutor on behalf of the 4th Respondent and the 1 TO 3 respodents not appearing either in person or by an advocate, the court made the following order:- This Petition has been filed to cancel the anticipatory bail granted to the respondents 1 to 3 by this Court in Crl.O.P(MD).No.2632 of 2023, dated 10.03.2023.

2. The learned counsel appearing for the petitioner submitted that the respondents 1 and 3 herein got extension and complied the order passed by this Court in Crl.O.P(MD).No.2632 of 2023 and went on bail. But, the 2nd respondent has not complied with the order passed by this Court and hence, seeking to cancellation of anticipatory bail granted to the petitioner / 2nd respondent herein.

3. The learned Additional Public Prosecutor would submit that the respondents 1 and 3 herein have complied with the order of this Court, but, the 2nd respondent has not complied the order passed by this Court.

4. Though the notice served on the respondents 1 to 3 and their names have been printed in the cause list no one has appeared.

5. Considering the submission made by both parties, with regard to the 2/4

respondents 1 and 3 viz., Justin Raj and Johnson @ Mani, I do not find any ground to cancel the anticipatory bail.

6. Since the 2nd respondent viz., Jayasingh has not complied the order of this Court passed in said Crl.O.P(MD).No. 2632 of 2023, the anticipatory bail granted to the petitioner in the said Crl.O.P is cancelled.

7. Accordingly, this petition is partly allowed. sd/- 13/12/2023 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO THE JUDICIAL MAGISTRATE NO.I, KUZHITHURAI DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT @ NAGERCOIL.

THE INSPECTOR OF POLICE MARTHANDAM POLICE STATION, KANYAKUMARI DISTRICT 3/4

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

+1 CC to M/s.M.R.SREENIVASAN, Advocate ( SR-17761[I] dated 14/12/2023 )

ORDER

IN IN CRL OP(MD) No.2632 of 2023 Date :13/12/2023 PKP/JGB/SAR- /04.01.2024/ 4P/6 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4