Mohan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2024

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.M.P.(MD) No.14090 of 2024 in Crl.O.P.(MD) No.15872 of 2024 Murugesan ... Petitioner/ defacto complainant Vs.

1.The State rep by The Inspector of Police, Appanthirupathy Police Station, Madurai District.

(In Crime No.145 of 2024) ... 1st Respondent/Complainant 2.Saravanan @ Saravanan Somalingasudarrav ...2nd Respondent/Petitioner/Accused PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to cancel the anticipatory bail granted by this Court in Crl.O.P.(MD) No.15872 of 2024 dated 25.09.2024. For Petitioner : Mr.N.Saravanan For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl. Side) for R1 1/5

Mr.E.Marees Kumar for R2

O R D E R

This petition for cancellation of an anticipatory bail was filed mainly on the ground that there was one previous case against the accused person for the offence of cheating and criminal breach of trust and that the same ended by way of conviction and sentence against the accused person. Since this issue was not considered, the present petition has been filed stating that it is a supervening circumstance which warrants the cancellation of anticipatory bail granted in favour of the accused person.

2.The learned Government Advocate, on instructions, submitted that the conditions imposed by this Court while granting anticipatory bail to the accused person has been properly complied with. The learned Government Advocate further submitted that he has specific instruction to state that there are no previous cases against the petitioner. 2/5

3.Heard the learned counsel for the petitioner, the learned Government Advocate appearing on behalf of the first respondent and the learned counsel appearing for the second respondent. 4.This Court carefully went through the order passed in the anticipatory bail petition and it is seen that this Court has considered all the aspects and had granted anticipatory bail to the accused person. The respondent police have come up with the very specific case that there are no previous cases against the petitioner.

5.In view of the above, this Court does not find any ground to cancel the anticipatory bail granted in favour of the accused person/second respondent and accordingly, this petition stands dismissed.

20.12.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No PKN 3/5

To 1.The Inspector of Police, Appanthirupathy Police Station, Madurai District.

2.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai.

4/5

N.ANAND VENKATESH,J.

PKN Dated: 20.12.2024 5/5