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Madras High CourtCRL MP(MD)/14827/2022dismissed

Rabbiyatha Basariya v. The Inspector Of Police

2023-03-14Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL MP(MD) No.14827 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourteenth day of March Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL MP(MD) No.14827 of 2022 IN CRL OP(MD) No.8566 of 2022 RAABIYATH BASARIYA ... PETITIONER/DEFACTO COMPLAINANT Vs 1 State Rep.by THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MADURAI TOWN, MADURAI DISTRICT.

(CRIME NO. 6 OF 2022) ... 1ST RESPONDENT/RESPONDENT 2 MOHAMMED MADANI ... RESPONDENT/PETITIONER 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 by this Hon`ble Court in Crl.O.P. (MD) No. 8566 of 2022, Dated. 06.05.2022. 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.SARAVANAN R, Advocate for the petitioner and of MR.B.THANGA ARAVINDH, Government Advocate (Crl.Side) on behalf of the 1st Respondent and MR.THAMIMUL ANSARI, Advocate on behalf of the 2nd respondent, the court made the following order:- This petition has been filed to cancel the anticipatory bail granted to the first respondent in Crl.O.P.(MD)No.8566 of 2022 dated 06.05.2022.

2.This petition has been filed on the ground that even after granting of anticipatory bail, second respondent threatened the petitioner, for which, a complaint was also lodged and same was enquired and closed.

3.It is seen that the second respondent and the petitioner are husband and wife. It is also seen that the petitioner also filed maintenance case as against the second respondent and the same is pending. Hence, this Court finds no grounds to cancel the anticipatory bail granted to the second respondent. Accordingly, https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.14827 of 2022 this criminal original petition stands dismissed. The petitioner is at liberty to file a fresh complaint on fresh cause of action. sd/- 14/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

gns TO

1. THE JUDICIAL MAGISTRATE NO.I, MADURAI.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MADURAI TOWN, MADURAI DISTRICT.

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

ORDER

IN CRL MP(MD) No.14827 of 2022 IN CRL OP(MD) No.8566 of 2022 Date :14/03/2023 RS/MMS/SAR-2(29.03.2023) 2P 5C https://www.mhc.tn.gov.in/judis 2/2