Dhanalakshmi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/10/2023

CORAM

The Hon`ble Mr.Justice V. SIVAGNANAM Dhanalakshmi ... Petitioner/Defacto Complainant Vs

1. The State rep.by, The Inspector of Police, Chinnalapatti Police Station, Dindigul District..

...1st Respondent/Respondent

2. Karthick ... 2nd Respondent/Petitioner PRAYER :- This petition has been filed under Section 439(2) Cr.P.C., to cancel the bail granted to the 2nd respondent in Crl.M.P.No.3484 of 2023 by the District Munsif Cum Judicial Magistrate,Athoor dated 14.08.2023. For Petitioner : M/s.Adithya Vijayalayan.N Advocate.

For Respondent No.1 : Mr.RMS.Sethuraman, Additional Public Prosecutor For Respondent No.2 : M/s.C.Bharathi, Advocate 1/3

ORDER

This Criminal Original Petition has been filed to cancel the bail granted to the 2nd respondent in Crl.M.P.No.3484 of 2023 by the District Munsif Cum Judicial Magistrate,Athoor dated 14.08.2023.

2. Today, when the matter was taken up for hearing, the learned Additional Public Prosecutor appearing for the respondent police would submit that based on the complaint given by the defacto complainant, a case has been registered in Crime No.112 of 2023 on the file of the respondent police for the offences punishable under Sections 294(b), 323 and 506(i) IPC and Section 4 of TNPHW Act. Thereafter, the 2nd respondent was released on bail on 14.08.2023. He would further submit that now investigation in this case has been completed and the final report filed before the District Munsif Cum Judicial Magistrate, Aathoor and the same is yet to be taken on file. In such circumstances, the petitioner has filed the present petition seeking cancellation of bail.

3. I have heard the learned counsel appearing on either side and perused the materials on record.

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4. Considering the fact that the final report has already been filed before the concerned Court and the same is yet to be taken on file, there is no merit in this petition to cancel the bail granted to the second respondent. Hence, this Criminal Original Petition is dismissed. However, the trial Court is directed to number the final report if it is otherwise in order and proceed the case in accordance with law. sd/- 05/10/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

trp TO

1. THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE,ATHOOR. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL. 3.THE INSPECTOR OF POLICE, CHINNALAPATTI POLICE STATION, DINDIGUL DISTRICT..

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

+1 cc to MR.D.VENKATESH, Advocate SR-46377

ORDER

IN CRL OP(MD) No.15874 of 2023 Date :05/10/2023 RK /DD(16/10/2023) 3P / 6C Madurai Bench of Madras High Court is issuin g certified copies in this format from 17/07/2023 3/3