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Madras High CourtCRL OP(MD)/14036/2021dismissed

Poongulathal v. The Inspector Of Police

2022-09-26Honourable Mr Justice A.A.Nakkiran2 pages

CRL OP(MD). No.14036 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/09/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.14036 of 2021 Poongulathal ... Petitioner/Defacto Complainant Vs

1. The Inspector of Police, Peraiyur, Ramanathapuram District.

(Crime No. 116 of 2021).

... 1st Respondent/Complainant

2. Ariyanachi

3. Jothimeenal

4. Paneerselvam

5. Mariyammal ... Respondents 2 to 5/Petitioners 1 to 4 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 order passed in Crl.M.P. No. 1827 of 2021 dated 09.09.2021 the Hon`ble Principal District and Sessions Judge, Ramanthapuram.

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.BALAJI.S., Advocate for the petitioner and of Mr.M.VAIKKAM KARUNANITHI, Government Advocate (Crl.Side) on behalf of the 1st Respondent and Mr.R.KANNAN, Advocate for the Respondents No.2,3 & 5, the court made the following order:- This cancellation of anticipatory bail petition has been filed by the petitioner/defacto complainant, to cancel the anticipatory bail order passed in Crl.M.P. No. 1827 of 2021, dated 09.09.2021, by the Principal District and Sessions Judge, Ramanthapuram, on the ground that after enlargement of bail, the accused persons again threatened the defacto complainant and for that, she had also sent a representation before the Superintendent of Police, but no action was taken against her complaint. Hence, this petition. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.14036 of 2021 2.Today, when the matter was taken up for hearing, the learned Government Advocate (Crl.Side) submitted that in this case already charge sheet was filed before the Judicial Magistrate Court, Kamuthi and the same was not taken on file.

3.Since charge sheet was lodged before the concerned Court, the prayer sought for by the petitioner cannot be granted and this Criminal Original Petition stands dismissed.

sd/- 26/09/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL DIST & SESSIONS JUDGE, RAMANATHAPURAM.

2 THE INSPECTOR OF POLICE, PERAIYUR, RAMANATHAPURAM DISTRICT.

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

+1. CC to M/S.BALAJI.S Advocate SR.No.47326(F) (Date:27/09/2022)

ORDER

IN CRL OP(MD) No.14036 of 2021 Date :26/09/2022 PNM SA/SVR/SAR.2/10.10.2022/2P/5C https://www.mhc.tn.gov.in/judis 2/2