P.Rajan v. N.Raselraj
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.7249 of 2024 P.RAJAN ... Petitioner / Defacto Complainant Vs 1 N.RASELRAJ ... Respondent / Petitioner 2 THE INSPECTOR OF POLICE KARUNGAL POLICE STATION, KANYAKUMARI DISTRICT.
CRIME NO. 83/2024.
... 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.OP(MD) No. 7249 of 2024 by order dt 04.07.2024 by this Honble Court to Respondent No.1 in Crime No.83/2024 on the file of the 2nd respondent police and to pass such further or 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 M/s.C.T.PERUMAL, Advocate for the petitioner and of M/s.SARGUNAM, Advocate on behalf of the R1 and M/s.R.M.ANBUNITHI, Additional Public Prosecutor on behalf of the R2 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 to the 1st respondent in Crl.O.P.(MD)No.7249 of 2024 dated 04.07.2024. 1/3
2. On perusal thereof, it can be seen that it is a conditional anticipatory bail which was granted to the petitioner by directing him to deposit a sum of Rs.3,00,000/- (Rupees Three Lakhs only) to the credit of Crime No.83 of 2024, and to comply with the other conditions. Even though the order granting anticipatory bail is dated 04.07.2024, it is stated that till date, the conditions have not been complied with, and the 1st respondent herein is not even enlarged on anticipatory bail till date.
3. It is also further stated by the learned counsel that even though one extension of time was granted, since the amount is not deposited, the accused has filed further extension of time petition also. Be that as it may, the stage to cancel the anticipatory bail has not even arisen, because the petitioner has not even surrendered, or neither he is apprehended nor he has complied with the conditions.
4. If so, it is very well open to the 2nd respondent police to proceed further in the matter, and there is no question of cancellation of anticipatory bail at this stage.
5. Accordingly, this Criminal Miscellaneous Petition stands dismissed. 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.
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MKN TO 1 THE JUDICIAL MAGISTRATE ERANIEL, KANYAKUMARI DISTRICT.
2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 3 THE INSPECTOR OF POLICE KARUNGAL POLICE STATION, KANYAKUMARI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.C.T.PERUMAL, Advocate ( SR-12230[I] dated 04/10/2024 )
ORDER
IN IN CRL OP(MD) No.7249 of 2024 Date :03/10/2024 PSP/ MMS /SAR /25.10.2024/ 3P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3