Madras High CourtCRL OP(MD)/17411/2023dismissed

M.Shenbagavalli v. The Inspector Of Police

2023-09-29Honourable Mr. Justice P.Dhanabal3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/09/2023

CORAM

The Hon`ble Mr.Justice P. DHANABAL M.Shenbagavalli ... Petitioner/Defacto Complainant Vs

1. State Rep.by The Inspector of Police, All Women Police Station, Kovilpatti, Thoothukudi District.

... Respondent/Complainant

2. Maharaja

3. Krishnasamy

4. Selvarani ... Respondents/Accused No.1 to 3 PRAYER :- This petition has been filed under Section 439(2) Cr.P.C., to cancel the anticipatory bail granted to the respondents no.2 to 4/accused no.1 to 3 vide order dated 11/08/2023 passed by the learned Principal District Court, Thoothukudi in the Crl.M.P.No.4979 of 2023 in Crime no.8 of 2023 pending on the file of the All Women Police Station, Kovilpatti and the respondents no.2 to 4/accused no.1 to 3 be committed to custody pending the decision of the case. For Petitioner :

M/s.Velmurugan.J, Advocate.

For Respondent :

Mr.S. Ravi, Additional Public Prosecutor 1/3

ORDER

This petition has been filed to to cancel the anticipatory bail granted to the respondents no.2 to 4 / accused no.1 to 3, vide order dated 11/08/2023 passed by the learned Principal District Court, Thoothukudi in the Crl.M.P.No.4979 of 2023 in Crime no.8 of 2023 pending on the file of the first respondent police.

2. The learned counsel appearing for the petitioner would submit that after the anticipatory bail was granted to the accused persons, they have threatened the defacto complainant over phone and based on that First Information Report has also been registered in Crime No.287 of 2023 on 24.08.2023 for the offences under Sections 294(b) and 506(i) IPC on the file of thet East Police Station, Kovilpatti.

3. Today, when the matter was taken up for hearing, the learned Additional Public Prosecutor appearing for the first respondent police would submit that based on the order passed by the Court below, the petitioners are complying with the condition. He would further submit that in the earlier complaint investigation has been completed and the charge sheet was filed in C.C.No.615 of 2023, before the Judicial Magistrate No.I, Kovilpatti.

4. Sine the order going to be passed do not affect the case of the respondents / accused 1 to 3, no notice served on them.

5. Considering the fact accused persons were granted anticipatory bail and they 2/3

have also complied with the conditions and that the petitioner can putforth her objections by way of filing intervening petition in the 2nd FIR filed as against him and that the petitioner has not raised any ground except the accused persons threatend over phone, this Court is decline to allow this petition.

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 29/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO 1 THE PRINCIPAL DISTRICT JUDGE, THOOTHUKUDI.

2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KOVILPATTI, THOIOTHUKUDI DISTRICT.

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

ORDER IN CRL OP(MD) No.17411 of 2023 Date :29/09/2023 RS/MGA/SAR-(05.10.2023) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3