Sasikala, v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of September Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY IN CRL OP(MD) No.15429 of 2022 SASIKALA, ... PETITIONER/2nd RESPONDENT Vs 1 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MANAPPARAI, TRICHY DISTRICT.
(CRIME NO.19/2022) ... 1st RESPONDENT/RESPONDENT 2 ABIMANI ... RESPONDENT/PETITIONER Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Cancel the Anticipatory Bail granted by this Hon'ble Court in Crl OP(MD) No.15429/2022 dt.21.09.2022.
Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.PANDIARAJAN.P, Advocate for the petitioner and of Mr.R.M.ANBUNITHI, Additional Public Prosecutor on behalf of the 1st Respondent and Mr.B.PRAGALAD 1/4
RAVI, Advocate for the 2nd Respondent, the court made the following order:- This petition has been filed to cancel the anticipatory bail granted by this Court in Crl.O.P.(MD)No.15429 of 2022 dated 21.09.2022.
2. Heard the learned counsel on either side.
3. The application for cancellation of bail is filed, on the grounds that after entering into a compromise by promising that he will take back the pregnant wife and also will bring up the child, which would be born and thus anticipatory bail was granted. Subsequently when the petitioner wife had gone to the matrimonial home, she was brainwashed by the respondent / accused as if the pregnancy came into existence at an inauspicious time and the child was aborted and thereafter, she was driven away from the matrimonial home. It is now ascertained from the prosecution that the charge sheet is almost ready.
4. It can be seen that the said allegations are subsequent events that the child is said to have been aborted by brainwashing and thereafter, driving out the petitioner from the matrimonial home, which would be a distinct offence, if at all made out. The petitioner also seems to have given a complaint with respect thereof. The petitioner can very well pursue the said complaint. However, the anticipatory bail earlier granted, was by considering the nature of offence and the overall facts and 2/4
circumstances of the case. For every misbehaviour thereafter, the bail cannot be automatically cancelled. When it comes to the cancellation of bail, which is already granted, strict parameters have been enumerated and only if the case of the petitioner comes within the parameters, bail can be cancelled. I find no grounds to cancel the anticipatory bail, the petition stands dismissed. However, with liberty to the petitioner to pursue the subsequent compliant in the manner known to law.
5. The Investigating Officer, in crime No.19 of 2022, shall also file the final report at the earliest, in any event not later than one month from the date of receipt of a copy of the order.
sd/- 19/09/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LS TO 1 THE JUDICIAL MAGISTRATE, TRICHY.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MANAPPARAI, TRICHY DISTRICT.
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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN IN CRL OP(MD) No.15429 of 2022 Date :19/09/2024 SA/VR/SAR. /08.10.2024/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4