Madras High CourtCRL MP(MD)/6474/2020dismissed

Viswanathan v. The Inspector Of Police

2021-09-17Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Seventeenth day of September Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL MP(MD) No.6474 of 2020 IN CRL OP(MD) No.5370 of 2020 VISWANATHAN ... PETITIONER Vs

1. STATE REP.BY THE INSPECTOR OF POLICE, KULITHALAI POLICE STATION, KULITHALAI, KARUR.

(CRIME NO.441/2020).

...1st RESPONDENT/1ST RESPONDENT

2. HARISH

3. GEORGE EDWARD

4. GIRIDHARAN

5. SABARISHAN

6. SANTHOSH KUMAR ... RESPONDENTS NO.2 TO 6/ PETITIONERS 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 order passed by this Honourable Court in Crl. O. P. (MD) NO. 5370/2020 dated 18.05.2020.

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.J.MADHU, Advocate for the petitioner and M/S.T.SENTHILKUMAR, Additional Public Prosecutor for the 1st Respondent and M/S.AMJADKHAN, Advocate for the 2nd Respondent the court made the following order:- The petition has been filed to cancel the anticipatory bail order passed by this Court in Crl.O.P.(MD).NO.5370 of 2020 dated 18.05.2020.

2. The learned counsel appearing for the petitioner submits that the respondent Nos.2 to 6 have falsely projected before this Court that they have been complying the conditions regularly and based on which, the condition was also relaxed. He further submits that the respondent Nos.2 to 6 have not furnished the sureties as ordered by this Court in Crl.O.P.(MD).No.5370 of 2020 on 18.05.2020.

3. The learned counsel appearing for the respondent Nos.2 to 6 submits that on 18.05.2020, the respondent Nos.2 to 6 were granted anticipatory bail by this Court and due to COVID-19 period, they were unable to furnish the sureties. However, they were permitted to furnish the sureties before the concerned Judicial Magistrate and they have also furnished the sureties on 05.11.2020, complied the conditions.

4. The learned Additional Public Prosecutor submits that the investigation is still pending.

5. Considering the facts and circumstances of the case and also the fact that the respondent Nos.2 to 6 have furnished the sureties and complied the conditions, this Court is not inclined to cancel the anticipatory bail granted to the respondent Nos.2 to 6. Hence, this Criminal Miscellaneous Petition is dismissed. Sd/- 17/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.III) Madurai Bench of Madras High Court, Madurai - 625 023.

1. THE JUDICIAL MAGISTRATE NO.II, KULITHALAI.

2. THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

3. THE INSPECTOR OF POLICE, KULITHALAI POLICE STATION, KARUR DISTRICT.

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

ORDER

IN CRL MP(MD) No.6474 of 2020 IN CRL OP(MD) No.5370 of 2020 Date :17/09/2021 SP/JC/SAR III/24/09/2021/3P/5C