Madras High CourtCRL MP(MD)/9767/2024dismissed

Kaleema Banu v. Dhilip Raja

2024-10-03Honourable Mr Justice D.Bharatha Chakravarthy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Third day of October Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY IN CRL OP(MD) No.12576 of 2024 KALEEMA BANU ... PETITIONER/DEFACTO-COMPLAINANT Vs 1 DHILIP RAJA 2 SHAHULHAMMED 3 AYISA BEGAM 4 BENASIR FARIDA ... RESPONDENTS 1 TO 4/PETITIONERS 5 THE INSPECTOR OF POLICE THENKARAI POLICE STATION, PERIYAKULAM, THENI DISTRICT.

CRIME NO. 319/2024 ... RESPONDENT/RESPONDENT 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 in Crl O.P(MD)No. 12576/2024 and pass such further or 1/3

other orders.

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 Mr.M.KARUPPASAMYPANDIAN, Advocate for the petitioner and of Mr.R.SHANKAR GANESH, Advocate for the Respondents No.1 to 4 and Mr.R.M.ANBUNITHI, Additional Public Prosecutor on behalf of the 5th Respondent, the court made the following order:- The present Criminal Miscellaneous Petition has been filed by the petitioner/de-facto complainant seeking cancellation of anticipatory bail granted in Crl.O.P.(MD)No.12576 of 2024 dated 02.08.2024.

2. The ground on which the present petition has been filed is that subsequently, when the petitioner/de-facto complainant attended the court hearing, respondent Nos.1 to 4 had attacked the de-facto complainant and also the child. Be that as it may, when in respect of the same, another complaint is also said to have been given, the petitioner/de-facto complainant can very well pursue the same and for the said purpose, the anticipatory bail, which was granted in the case, need not be cancelled.

3. I am of the view that no grounds are made out for cancelling the anticipatory bail and accordingly, this Criminal Miscellaneous Petition is dismissed.

4. However, liberty is given to the petitioner/de-facto complainant to pursue 2/3

the said complaint and to seek remedy with the other proceedings which are pending between the parties.

sd/- 03/10/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

MKN TO 1 THE JUDICIAL MAGISTRATE, PERIYAKULAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3 THE INSPECTOR OF POLICE THENKARAI POLICE STATION, PERIYAKULAM, THENI DISTRICT.

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

+1 CC to M/s.R.SHANKAR GANESH, Advocate ( SR-12244[I] dated 04/10/2024 ) ORDER IN IN CRL OP(MD) No.12576 of 2024 Date :03/10/2024 SA/JGB/SAR. /17.10.2024/3P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3