Alwar v. The Sub Inspector Of Police

CRL OP(MD). No.17710 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.17710 of 2019 Alwar ... Petitioner/Petitioner Vs 1.The State rep.by The Sub-Inspector of Police, TVMCH Police Station, Tirunelveli District.

Crime No.95/2019 ...1st Respondent/Respondent 2.Subramanian @ Balasubramanian @ Subbu ... 2nd Respondent/ Petitioner For Petitioner : M/s.T.Lenin Kumar, Advocate.

For Respondents : Mr.A.Robinson, Govt. Advocate (Crl.Side) for R1 PRAYER :- Petition is filed under Section 439(2) of Cr.P.C., to cancel the order of anticipatory bail granted to the 2nd respondent in Crl.M.P.No.11826 of 2019 by the Principal Sessions Court, Tirunelveli on 15.11.2019.

ORDER : The Court made the following order :- The defacto complainant is the petitioner herein. He wants this Court to cancel the anticipatory bail granted to the second respondent herein.

2. Though notice was issued to the second respondent, the same could not be served. The Village Administrative Officer has given a report indicating that the second respondent has since left his residence. It is further stated by the learned Government Advocate (Crl. Side) that even though the accused was directed to appear before the police for a period of two weeks, he appeared only for four days. Thus the non compliance of the condition imposed by the Court has been established.

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CRL OP(MD). No.17710 of 2019 3.The petitioner's counsel would state that the accused had vandalised his shop causing damage to the tune of Rs.5,00,000/-. But then the Court below had given relief by proceeding on the premise that the value of the damage is not mentioned in the FIR.

4. As the second respondent has not complied with the condition and has also left his residence and his whereabouts are not known, I have no hesitation to cancel the anticipatory bail given in favour of the second respondent herein. It is cancelled accordingly and the criminal original petition stands allowed. sd/- 02/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE PRINCIPAL SESSIONS JUDGE, TIRUNELVELI.

2.THE SUB-INSPECTOR OF POLICE, TVMCH POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to M/S.T.LENIN KUMAR Advocate SR.No.153

ORDER

IN CRL OP(MD) No.17710 of 2019 Date :02/01/2020 IAS TK/PN/SAR.1/08.01.2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2