A.Murugesan v. N.Karunambal
CRL MP(MD) No.677 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Tenth day of March Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL MP(MD) No.677 of 2022 IN CRL OP(MD) No.3960 of 2021 A.MURUGESAN ... PETITIONER/DEFACTO COMPLAINANT Vs 1 N.KARUNAMBAL 2 SIDDARTH BOOPATHI 3 SABARINATHAN ...RESPONDENTS/ACCUSED NOS 1 TO 3 4 THE INSPECTOR OF POLICE PALANI TALUK POLICE STATION, NEIKARAPATTI, PALANI TALUK, DINDIGUL DISTRICT.
CR.NO.110 OF 2021. ... RESPONDENT/COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to cancel the Bail which was granted to the Respondents/Accused Nos.1 to 3 in Crl.OP.No.3960 of 2021 dated.15.3.2021 by this Honble Court. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S. T.LAJAPATHI ROY, Advocate for the petitioner and of MR.N.MOHAN, Advocate for the 2nd Respondent and the 3rd Respondent not appearing either in person or by an advocate and of MR.B.THANGA ARAVINDH, Government Advocate (Criminal Side)on behalf of the 4th Respondent, the court made the following order:- This petition has been filed to cancel the anticipatory bail granted to the respondents 1 to 3 in Crl.O.P.(MD)No.3960 of 2021 dated 15.03.2021.
2.This petition has been filed on the ground that after granting anticipatory bail, the accused persons again attacked the petitioner. Therefore, the petitioner lodged complaint and the same was registered in Cr.No.557 of 2021 for the offence under Sections 294(b), 323, 506(i) IPC. However, the learned counsel appearing for https://www.mhc.tn.gov.in/judis 1/2
CRL MP(MD) No.677 of 2022 the petitioner would submit that it would be suffice, if a direction is issued to the respondents 1 to 3 to file an undertaking affidavit stating that they will not involve in any illegal activity as against the petitioner.
3.In view of the above submission, this Court is not inclined to cancel the anticipatory bail granted to the respondents 1 to 3. However, the respondents 1 to 3 shall file an undertaking affidavit before the fourth respondent police, within a period of one week from the date of receipt of a copy of this order stating that they will not involve in any illegal activity as against the petitioner in future. It is clear that if the respondents 1 to 3 involved in similar activities as against the petitioner, the fourth respondent police is at liberty to register FIR and proceed in accordance with law as against the respondents 1 to 3.
sd/- 10/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
GNS TO 1 THE JUDICIAL MAGISTRATE, PALANI.
2 DO THROUGH: THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.
3 THE INSPECTOR OF POLICE PALANI TALUK POLICE STATION, NEIKARAPATTI, PALANI TALUK, DINDIGUL DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL MP(MD) No.677 of 2022 IN CRL OP(MD) No.3960 of 2021 Date :10/03/2023 PKP/MMS/SAR-4/24.03.2023/ 2P/5C https://www.mhc.tn.gov.in/judis 2/2