Madras High CourtCRL OP(MD)/12430/2024dismissed

Baskar v. Selvaraj

2024-08-01Honourable Mr Justice A.A.Nakkiran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 01.08.2024 PRESENT The Hon`ble MR.JUSTICE AA.NAKKIRAN Baskar ... Petitioner/ Defacto Complainant Vs 1.Selvaraj 2.The Inspector of Police, District Crime Branch Police Station, Theni District.

(Crime No.5 of 2024) ... Respondents PRAYER :- Petition filed under Section 439(2) r/w 482 Cr.P.C., to cancel the bail granted to the first respondent by the learned Judicial Magistrate, Theni vide order dated 17.04.2024 in Crl.M.P.No.3236 of 2024.

For Petitioner : Mr.M.Asif Mohamed For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate(Crl.side)

ORDER

This criminal original petition has been filed to cancel the bail granted to the 1/3

first respondent by the learned Judicial Magistrate, Theni vide order dated 17.04.2024 in Crl.M.P.No.3236 of 2024.

2.The learned counsel appearing for the petitioner submits that the first respondent herein had cheated him to the tune of Rs.89,75,000/- and nothing recovered from him. However, the learned Magistrate granted bail to the first respondent, without imposing any condition. Accordingly, he prays to cancel the bail granted to the first respondent.

3.The learned Government Advocate(Crl.side) appearing for the second respondent Police submits that the first respondent is duly complying the conditions imposed by the learned Magistrate and there is no violation. Further, he submits that the investigation in this case has been completed and charge sheet has also been filed.

4.Heard the learned counsel on either side and also perused the materials available in the record.

5.Considering the fact that there is no violation in complying the conditions 2/3

imposed by the learned Magistrate and also considering the fact that the charge sheet has been filed, this Court is not inclined to cancel the bail granted to the first respondent vide order dated 17.04.2024 in Crl.M.P.No.3236 of 2024, by the learned Judicial Magistrate, Theni. Accordingly, this criminal original petition is dismissed. Sd/- 01/08/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar (C.S.I /II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

Gns TO 1.The Judicial Magistrate, Theni.

2.The Inspector of Police, District Crime Branch Police Station, Theni District.

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

01.08.2024 RD/SKN (22/08/2024) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 3/3