Madras High CourtCRL MP(MD)/9204/2021disposed of

Sharmila Beham v. Ibrahim

2021-12-07Honourable Mr Justice G.R.Swaminathan2 pages

Crl.M.P.(MD)No.9204 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07.12.2021 PRESENT THE HON`BLE MR.JUSTICE G.R.SWAMINATHAN Crl.M.P.(MD)No.9204 of 2021 in Crl.O.P.(MD)No.16949 of 2019 Sharmila Beham ... Petitioner/ De-facto Complainant Vs 1.Ibrahim 2.Maideen 3.Mumtaj 4.Kamaludin 5.Hussain ... Respondents/Petitioners 6.The State represented by The Inspector of Police, All Women Police Station, Manapparai, Trichy District.

(Crime No.8 of 2019) ... Respondent/Respondent For Petitioner : Mr.A.Azhageson Advocate.

For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor for R6 PRAYER : To cancel the anticipatory bail granted by this Court in Crl.O.P.(MD)No.16949 of 2019, dated 20.11.2019 to the respondents/accused.

ORDER : The Court Made the following order :- This Criminal Miscellaneous Petition has been filed to cancel the anticipatory bail granted by this Court in Crl.O.P.(MD)No.16949 of 2019 dated 20.11.2019.

2. Contending that the undertaking given before this Court, while obtaining anticipatory bail was not complied with, this petition for cancellation of anticipatory bail has been filed by the de-facto complainant/wife of the first respondent. It is seen that anticipatory bail was granted to the accused on 20.11.2019 in Crl.O.P.(MD)No.16949 of 2019, recording the undertaking of the de-facto complainant's husband that he will deposit a sum of Rs.5,000/- every month but he has not complied with the said https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.M.P.(MD)No.9204 of 2021 undertaking. The petitioners therein also did not execute sureties. Hence, the said order is not holding good. The anticipatory bail order has got automatically expired and it does not require formal cancellation.

3.This Criminal Miscellaneous Petition is disposed of accordingly. The accused will not be entitled to the benefit of the aforesaid anticipatory bail order no longer.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) CSM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.The Judicial Magistrate, Manapparai 2.The Inspector of Police, All Women Police Station, Manapparai, Trichy District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.M.P.(MD)No.9204 of 2021 in Crl.O.P.(MD)No.16949 of 2019 Date : 07.12.2021 PS(CO) GC(06.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2