M.Sudahar v. Sethuraman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourth day of November Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN IN CRL OP(MD) No.8775 of 2022 M.SUDAHAR ... PETITIONER/ DEFACTO COMPLAINANT Vs 1 SETHURAMAN 2 UMARANI 3 ARUNKUMR 4 HEMAVATHI @ HEMA ...RESPONDENTS 1 TO 4/PETITIONERS/ ACCUSED NOS.2 TO 5 5 THE STATE REP.BY, THE INSPECTOR OF POLICE CCB, TRICHY CITY.

CRIME NO.10 OF 2022. 5TH RESPONDENT/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 Anticipatory Bail in Crl.OP.(MD).No.8775 of 2022 dated 06.05.2022 on the file of 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.VAKEESWARAN.C, Advocate for the petitioner and of M/S.ROBERT CHANDRA KUMAR, Advocate on behalf of the Respondents 1 to 4 and M/S.M.VAIKKAM KARUNANITHI, Government Advocate(Crl.side) for the Respondent No.5, the court made the following order:- This petition has been filed to cancel the anticipatory bail in Crl.OP(MD)No.8775 of 2022 dated 06.05.2022. 2.

The learned counsel for the petitioner would submit that on 06.05.2022, this Court has granted anticipatory bail to the respondents 1 to 4 with condition that " the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of 15 days from the date of receipt of copy of this order, before the learned Judicial Magistrate No.

Trichy, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- shall report before the respondent police daily at 10.30 a.m, for a period of 1 month and thereafter, as and when required for interrogation". The respondents 1 to 4 have not complied the above said conditions. But, however, the respondent police have not taken steps to arrest the respondents 1 to 4 and to cancel the anticipatory bail order granted by this Court in Crl.OP (MD)No.8775 of 2022 dated 06.05.2022.

3.He would further submit that only after filing this cancellation of anticipatory bail petition, the respondents 1 to 4 filed extension of time petition before this Court for furnishing sureties before the concerned Court. The order passed by this Court, is 06.05.2022. After a lapse of 6 months, the extension of time petition has been filed by the respondents 1 to 4. 4.The learned Government Advocate (Crl.Side) has also admitted the submission made by the learned counsel for the petitioner. 5.The learned counsel for the respondents 1 to 4 would submit that they are ready to appear before the respondent police. 6.Considering the facts and circumstances of the case and also considering the fact that the order passed in Crl.OP(MD)No.8775 of 2022 dated 06.05.

2022, was not complied by the respondents 1 to 4, the anticipatory bail order granted to the respondents 1 to 4 in Crl.OP(MD)No.8775 of 2022 dated 06.05.2022, is cancelled. 7.Accordingly, the Criminal Miscellaneous petition is allowed. sd/- 04/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

dss TO 1 THE JUDICIAL MAGISTRATE NO.I, TRICHY.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE CCB, TRICHY CITY, TRICHY.

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

+1 CC to M/s.C.VAKEESWARAN, Advocate ( SR-12466[I] dated 04/11/2022 )

ORDER

IN IN CRL OP(MD) No.8775 of 2022 Date :04/11/2022 RK/SSS/SAR-2 (14/11/2022) 3P/6C 3/3