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Madras High CourtCRL MP(MD)/10206/2021dismissed

N.Loganathan v. Bakyaraj

2022-04-06Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Crl.MP(MD) Nos.10206, 10547, 10548 of 2021 in CRL MP(MD) No.10206 of 2021 in CRL OP(MD)No.15394 of 2021: N.LOGANATHAN ... PETITIONER/INTERVENER Vs 1 BAKYARAJ 2 UMESH @ UMESH BALAGAN 3 KANAGARAJ 4 SUDHAKAR 5 PREETHYUNAN 6 KUPPUSAMY 7 SANJAY SARATH ...RESPONDENTS/PETITIONERS 8 THE INSPECTOR OF POLICE RAMANATHAPURAM DISTRICT.

(CR.NO. 252 OF 2021) ... RESPONDENT/RESPONDENT Prayer in CRL MP(MD) No.10206 of 2021:

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 to the respondents 1 to 7/ accused No.1,5 to 10 in Crl.O.P.No.15394 of 2021 dated 07.10.2021. CRL MP(MD) No.10547 of 2021 in CRL OP(MD)No.15394 of 2021:

1. UMESH @ UMESH BALAGAN

2. KANAGARAJ

3. SUDHAKAR .... PETITIONERS/ ACCUSED 5,6,7 1/4

- Vs. - STATE REP.BY THE INSPECTOR OF POLICE NAINARKOVIL POLICE STATION, RAMANATHAPURAM DISTRICT.

(CR.NO.252 OF 2021) ... RESPONDENT/ COMPLAINANT Prayer in CRL MP(MD). 10547/ 2021 :

To modify the condition imposed on the petitioner in the bail order granted to the petitioner by this Honouable Court in crl.O.P. (MD).No.15394 of 2021 dated 07.10.2021 on the file of the respondent police and thus render justice.

CRL MP(MD) No.10548 of 2021 in CRL OP(MD)No.15394 of 2021:

1. BAKYARAJ

2. PREETHYUNAN

3. KUPPUSAMY

4. SANJAY SARATH ... PETITIONERS/ ACCUSED 1,8,9,10 - VS. - STATE REP.BY THE INSPECTOR OF POLICE RAMANADHAPURAM DISTRICT.

CRIME NO.252 OF 2021 ... RESPONDENT/ COMPLAINANT Prayer in CRL MP(MD). 10548/ 2021 :

To relax the condition that to report before the respondent police daily at 10.30 a.m until further orders in the date of order dated 07.10.2021 in Crl.O.P.(MD).No.15394 of 2021. Order : These petitions coming up for orders on this day, upon perusing the petitions filed in support thereof and upon hearing the arguments of Mr.D.SENTHIL, Advocate for the petitioner in CRL MP(MD) No.10206 of 2021, Mr.KA.RAMAKRISHNAN, Advocate for Mr.S.KASIRAJAN, Advocate for the Petitioners in CRL MP(MD)Nos.10547 & 10548 of 2021 and Respondents 1 to 7 in CRL MP(MD)No.10206 of 2021 and Mr.T.SENTHIL KUMAR, Additional Public Prosecutor for the 8th Respondent in CRL MP(MD)No.10206 of 2021 and the Sole Respondent in CRL MP(MD)Nos.10547 & 10548 of 2021, the court made the following order:- Crl.M.P(MD)No.10206 of 2021 is filed to cancel the anticipatory bail granted to the respondents 1 to 7/Accused 1,5 to 10, in Crl.O.P (MD) No.15394 of 2021.

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2.Crl.M.P(MD) No.10547 of 2021 is filed to modify the condition imposed on the petitioners/Accused 5,6 & 7 in Crl.O.P(MD) No.15394 of 2021.

3.Crl.M.P(MD) No.10548 of 2021 is filed to relax the condition imposed on the petitioners/Accused 1,8,9 & 20 in Crl.O.P (MD) No.15394 of 2021.

4.It is reported by the learned Additional Public Prosecutor that all the accused have complied the condition for 74 days excepting the first accused.

5.In reply, the learned counsel appearing for the petitioners submits that the first accused is taking treatment at Chennai and therefore, he could not appear before the respondent police and he has also filed an application for relaxation of the condition.

6.This Court satisfies with the reasons assigned in the affidavit filed in support of this petition. The condition imposed on the petitioner is modified to the effect that the first accused alone shall appear before the respondent police once in 15 days. Considering the fact that the other accused have complied the conditions for 74 days, the conditions imposed on them are relaxed. 7.Accordingly, Crl.M.P(MD) No.10547 of 2021 and Crl.M.P(MD) No.10548 of 2021 are ordered.

8.In view of the orders passed in Crl.M.P(MD) No.10547 of 2021 and Crl.M.P(MD) No.10548 of 2021, the application filed by the defacto complainant in Crl.M.P(MD)No.10206 of 2021 that the petitioners have not complied with the condition and therefore the anticipatory bail has to be cancelled is not having any merit and therefore the application filed for cancellation of anticipatory bail is dismissed.

sd/- 06/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, PARAMAKUDI.

2. THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.

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3. THE INSPECTOR OF POLICE RAMANADHAPURAM DISTRICT.

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

+1 CC to M/s.S.KASIRAJAN, Advocate ( SR-3007[I] dated 06/04/2022 ) +1 CC to M/s.S.KASIRAJAN, Advocate ( SR-3006[I] dated 06/04/2022 ) +1 CC to M/s.S.KASIRAJAN, Advocate ( SR-3005[I] dated 06/04/2022 ) ORDER IN Crl.MP(MD) Nos.10206, 10547, 10548 of 2021 in Crl.OP(MD) No.15394 of 2021 Date :06/04/2022 vrn MS/JM/SAR-2/25.04.2022/4P.8C 4/4