Sheerin Jahan v. Hema Pandian

CRL MP(MD) No.15249 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighth day of December Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CRL MP(MD) No.15249 of 2022 IN CRL OP(MD) No.17748 of 2022 SHEERIN JAHAN ... PETITIONER/DEFACTO COMPLAINANT Vs 1 HEMA PANDIAN ... 1ST RESPONDENT PETITIONER /ACCUSED NO.3 2 State Rep.by THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PARAMAKUDI, RAMANATHAPURAM DISTRICT (CRIME NO.25 OF 2022) ... 2ND 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 granted in favor of the 1st Respondent herein in Crl.O.P.(MD) No.17748 of 2022, Dated 06.10.2022.

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.PRASANTH S, Advocate for the petitioner and of MR.K.SANJAI GANDHI, Government Advocate (Crl.Side) on behalf of the Respondent, the court made the following order:- This petition has been filed by the petitioner/defacto complainant, to cancel the anticipatory bail granted to the first respondent, by the order of this Court in Crl.O.P(MD)No.17748 of 2022, dated 06.10.2022.

2.Today, when the matter was taken up for hearing, it is stated on the side of the petitioner that she is the defacto complainant in Crime No.25 of 2022. Seeking anticipatory bail, the first respondent had approached this Court in Crl.O.P(MD)No.17748 of 2022 and the same was allowed by this Court on 06.10.2022, with a condition to surrender before the concerned Court, within a period of two weeks. Despite of receipt of copy of the order, the first respondent did not appear before the concerned Court and execute the sureties. Hence, this petition is filed to cancel the anticipatory bail granted to the first respondent.

https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.15249 of 2022 3.In response, the learned counsel for the first respondent would submit that the fact that the first respondent was granted anticipatory bail and directed to surrender before the concerned Court, within a period of two weeks, is admitted. However, due to ill health of the first respondent, he could not comply with the condition, within the stipulated time. Hence, seeking extension of time, he filed a petition in Crl.MP(MD)No.14129 of 2022 and the same was allowed by this Court on 18.11.2022, by way of granting further period of two weeks. Pursuant to which, today, the petitioner had also surrendered before the concerned Court.

4.In view of the above, there is no deviation/violation of the order passed by this Court in Crl.O.P(MD)No.17748 of 2022, since the petitioner has surrendered and executed the sureties before the concerned Court. Accordingly, this Criminal Original Petition stands dismissed.

sd/- 08/12/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PARAMAKUDI.

2 -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PARAMAKUDI, RAMANATHAPURAM DISTRICT.

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

ORDER

IN CRL MP(MD) No.15249 of 2022 IN CRL OP(MD) No.17748 of 2022 Date :08/12/2022 PNM RS/VR/SAR.1(20.12.2022) 2P-5C https://www.mhc.tn.gov.in/judis 2/2