Thanshila Fathima v. Asan Kani

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighth day of August Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY IN CRL OP(MD) No.11681 of 2024 THANSHILA FATHIMA ... PETITIONER/ DE-FACTO COMPLAINANT Vs 1 ASAN KANI ... RESPONDENT NO.1/ PETITIONER 2 THE SUB INSPECTOR OF POLICE PULIYAKUDI POLICE STATION, TENKASI DISTRICT, CRIME NO.277/2024 ... RESPONDENT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to issue a notice to the respondent no.1 and cancel the bail granted to him on 26.07.2024 in Crl.OP(MD) No.

11681/2024 and pass such further other orders 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 JOTHI BASU.M, Advocate for the petitioner and of Mr.A.SEKAR, for Respondent No.1 and Mr.R.M.ANBUNITHI, Additional Public Prosecutor for Respondent No.2 on behalf of the Respondents the court made the following order:- The cancellation of bail application is filed by the defacto complainant. 2.The offences relate to 296(b), 127(2), 115(2) and 351(3) of BNS, 2023 and Section 4 of the Tamil Nadu Harassment of Women Act, 2002.

the cancellation is sought for is that simultaneously two anticipatory bail applications were filed before the learned District Court and also before this Court. 3.In reply thereof, the learned counsel appearing on behalf the second respondent/accused would submit that the accused application, which was filed before the District Court, was only for an interim anticipatory bail for one day and only after verifying the said fact, the anticipatory bail itself was granted by this Court. Further, the same was also not suppressed before this Court. 4.Considering the nature of offenses, I am of the view that no case is made out for cancellation of bail.

5.Accordingly, the petition stands dismissed. Sd/- 08/08/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar (C.S.I /II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

2/3

TO

1. THE ADDITIONAL DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, SIVAKIRI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3. THE INSPECTOR OF POLICE, PULIYANKUDI POLICE STATION, TENKASI DISTRICT.

4.THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

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

+1 CC to M/s.G.M.LAW OFFICE, Advocate ( SR-9768[I] dated 09/08/2024 )

ORDER

IN IN CRL OP(MD) No.11681 of 2024 Date :08/08/2024 RD/SKN (23/08/2024) 3P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 3/3