Madras High CourtCRL MP(MD)/14815/2022disposed of

Raabiyath Basariya v. The Inspector Of Police

2023-04-11Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eleventh day of April Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.ILANGOVAN IN CRL OP(MD) No.11451 of 2022 RAABIYATH BASARIYA ... PETITIONER/DEFACTO COMPLAINANT Vs 1 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MADURAI TOWN, MADURAI DISTRICT (CRIME NO.6 OF 2022) ...1ST RESPONDENT/RESPONDENT 2 MOHAMED MOHAIDEEN MADANI ...RESPONDENT/PETITIONER 3 THE INSPECTOR OF POLICE VILAKKUTHOON POLICE STATION,MADURAI.

... 3RD RESPONDENT (R3 IS SUO-MOTU IMPLEADED AS PER ORDER OF THE COURT DATED 03/02/2023 IN CRL.MP(MD)14815 OF 2022 IN CRL.OP (MD) 11451) 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 Honble Court in Crl.OP(MD)No.11451 of 2022 dated 07.07.2022 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 M/S.S.MANIKANDAN, Government Advocate(Crl.side) on behalf of the Respondents 1 & 3 and M/S.N.THAMIMUL ANSARI, Advocate for the Respondent No.2, the court made the following order:- This petition has been filed to cancel the anticipatory bail granted by this Court in Crl.O.P(MD).No.11451 of 2022 dated 07.07.2022.

2. When the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondent police 1/3

submitted that based upon the complaint given by the enquiry was undertaken in C.S.R.No.498 of 2022 and thereafter, it was closed as mistake of fact.

3. The learned counsel for the petitioner submitted that without proper enquiry, the respondent police closed the complaint. He further submitted that the second respondent is highly influential person. Only grievance expressed by the petitioner is that so far marital status is not recognized by the second respondent. Whether the petitioner is married to the first accused/second respondent is a matter for consideration in the investigation.

4. In view of the above, the petitioner as well as the second respondents are directed to co-operate with the first respondent to complete the process of investigation. Cancelling of the anticipatory bail granted to the petitioner is not required in this matter. The first respondent police is directed to complete the process of investigation within a period of three months from the date of receipt of copy of this order. Petitioner is still aggrieved the outcome of the enquiry, he shall workout his remedy through the appropriate proceedings.

With the above directions, this Criminal Miscellaneous Petition is disposed of.

sd/- 11/04/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

tta TO 1 THE JUDICIAL MAGISTRATE NO.IV MADURAI.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

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

2/3

4. THE INSPECTOR OF POLICE VILAKKUTHOON POLICE STATION,MADURAI.

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

ORDER

IN IN CRL OP(MD) No.11451 of 2022 Date :11/04/2023 RK/CG/SAR- (12/06/2023) 3P/6C 3/3