Madras High CourtCRL OP(MD)/13774/2024disposed of

Anjugam v. Sivajothi

2024-09-05Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05.09.2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

1. Anjugam

2. Kalaiselvi

3. Sneha ... Petitioners/Victim (In both cases) Vs 1.Sivajothi ... 1st Respondent/1st Accused (In Crl.O.P.(MD)No.13774 of 2024) 1.Devi ... 1st Respondent/1st Accused (InCrl.O.P.(MD)No.13792 of 2024)

2. The Inspector of Police, District Crime Branch, Pudukottai District.

Crime No.3 of 2024 ... 2nd Respondent/Complainant (In both cases) Prayer:- Petition filed under Section 483(3) of BNSS/439 (IB) of Cr.P.C., to cancel the bail granted by the learned Principal District and Sessions Judge, Pudukottai in Crl.M.P.No.2946 of 2024 dated 24.06.2024.

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(In both cases) For Petitioners : Mr.Kamesh, Advocate For R-2 : Mr.R.M.Anbunithi Additional Public PRosecutor For R-1 : Mr.G.Sridharan, Advocate COMMON ORDER The Criminal Original Petition is filed to to cancel the anticipatory bail granted by the learned Principal District and Sessions Judge, Pudukottai in Crl.M.P.No.2946 of 2024 dated 24.06.2024.

2. The learned Counsel for the petitioners seek cancellation of bail on the ground that subsequently after coming out on bail, the first respondent/accused threatened the Petitioners.

3. It can be seen that the main case is that the accused had borrowed money from several persons and built a house, but, he did not repay the same. 4.As far as the threat is concerned, the learned Additional Public Prosecutor would submit that the same was treated as a petition enquiry and the same was closed as per the request of the petitioners herein. 5.In any event, if the petitioners are the witness in the case and if the petitioners are threatened, the petitioners are also entitled to file a private complaint 2/4

before the same Court concerned and the same can be considered by the Court. Therefore, when the petitioners have requested the police, not to proceed with the earlier complaint, from here on if any further threat is made by the accused to the petitioners, the petitioners shall take recourse, in the manner known to law. 6.With the above said liberty, finding that no grounds are made out to cancel the bail, these Criminal Original Petitions are closed. sd/- 05/09/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

JBR TO 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, PUDUKOTTAI.

2 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, PUDUKOTTAI DISTRICT.

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

+2. CC to M/S. G.SRIDHARAN, Advocate SR.No.49386 & 49387 (F) DT.05/09/2024 3/4

ORDER

IN Date :05/09/2024 SA/JGB/SAR. /03.10.2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4