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Madras High CourtCRL OP(MD)/12947/2024disposed of

Rippy Mukherjee v. The Inspector Of Police

2024-08-08Honourable Mr Justice D.Bharatha Chakravarthy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Rippy Mukherjee ... Petitioner/Defacto Complainant vs.

1.The Inspector of Police, Cantonment Women Police Station, Trichy.

Crime No.03 of 2024 ... Respondent/Complainant 2.Deepak Kumar Meena, (DME) ... 2nd Respondent/Sole Accused Prayer:- Petition filed under Section 483(3) of BNSS/439 (2) of Cr.P.C., to cancel the anticipatory bail granted by the learned Principal District and Sessions Judge, Madurai in Crl.M.P.No.1405 of 2024 dated 17.04.2024. For Petitioner : Mr.R.Vignesh, Advocate For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor for R1

ORDER

The Criminal Original Petition is filed to to cancel the anticipatory bail granted by the learned Principal District and Sessions Judge, Madurai in Crl.M.P.No.1405 of 2024 dated 17.04.2024.

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2.The learned counsel for the petitioner would submit that the petitioner and the second respondent had been living together for a long time and eventhough the accused was a Group-A Officer in Railway, the accused did not keep up his promise and refused to marry the petitioner. He would submit that this is not a case which the Court should have granted anticipatory bail. 3.Cancellation of bail petition is not an appeal as against the original order of granting anticipatory bail and it can be cancelled on only specific grounds mentioned therein. Seriousness of the offence or otherwise of the justification for grant of anticipatory bail cannot be reconsidered in the petition for cancellation of anticipatory bail.

4.It is now represented by the learned Additional Public Prosecutor that the investigation is completed and the charge sheet is filed and is taken on file as PRC.No.56 of 2024 on the file of the Additional Manila Court, Trichy. 5.In view thereof, except to request the committal Court to commit the matter at the earliest and the trial Court to take up the trial expeditiously, finding no other 2/3

merits, the petition stands disposed of.

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.

SJI TO 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, MADURAI.

2 THE JUDICIAL MAGISTRATE, ADDITIONAL MAHILA COURT, TRICHY.

3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

4 THE INSPECTOR OF POLICE CANTONMENT ALL WOMEN POLICE STATION, TRICHY 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.12947 of 2024 Date :08/08/2024 SS/VR/SAR- /24/08/2024/3P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3