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Madras High CourtCRL OP(MD)/16003/2023dismissed

Venkatesh v. Banumathi

2023-12-11Honourable Mr Justice V.Sivagnanam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 11.12.2023 PRESENT The Hon`ble MR JUSTICE V.SIVAGNANAM Venkatesh ... Petitioner/Defacto complainant Vs 1.Banumathi ... Respondent No.1/Accused No.1 2.The State Represented through, Inspector of Police, Thellakulam Police Station (L&O), Madurai City.

(Crime No.670 of 2023) ... Respondent No.2/Complainant PRAYER :- This petition filed under Section 439(2) r/w 482 Cr.P.C., to cancel the bail granted to the first accused in Crl.M.P.No.4133 of 2023 on the file of the learned Principal Sessions Judge, Madurai dated 21.07.2023. For Petitioner : Mr.R.Karunanithi, Advocate For R2 : Mr.R.M.S.Sethuraman, Additional Public Prosecutor For R1 : Mr.J.William Christopher, Advocate

ORDER

This criminal original petition has been filed to cancel the bail granted to the 1/3

first accused in Crl.M.P.No.4133 of 2023 on the file of the learned Principal Sessions Judge, Madurai dated 21.07.2023.

2. The learned counsel appearing for the petitioner would submit that this petition has been field mainly on the ground that after granting bail to the first respondent, the first respondent along with the other accused tried to kill the petitioner. He further submitted that while hearing the bail petition, the petitioner strongly objected to grant bail to the first respondent. However, the Court below without considering the same, granted bail to the first respondent. Therefore, the petitioner filed the present petition to cancel the bail.

3. The learned counsel appearing for the first respondent would submit that the Court below, after considering facts and circumstances of the case, period of incarceration and the age of the first respondent herein, correctly granted bail to the first respondent. Therefore, it does not warrant any interference by this Court.

4. On perusal of records, it is noticed that the first respondent herein is the accused in Cr.No.670 of 2023 pending on the file of the second respondent herein. After arrest, he filed bail petition and the same was allowed by the Court below. As 2/3

of now, the first respondent complied with the condition imposed by the Court below. This Court finds no ground to cancel the bail granted to the first respondent. Accordingly, this criminal original petition is dismissed. sd/- 11/12/2023 / TRUE COPY / /01/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA TO THE PRINCIPAL SESSIONS JUDGE, MADURAI.

THE INSPECTOR OF POLICE THELLAKULAM POLICE STATION (LANDO), MADURAI CITY.

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

ORDER

IN CRL OP(MD) No.16003 of 2023 Date :11/12/2023 SS/VR/SAR- /10/01/2024/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3