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Madras High CourtCRL OP(MD)/21469/2022dismissed

Jalaldeen v. The Inspector Of Police

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

Crl.O.P.(MD)No.21469 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2023

CORAM

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.21469 of 2022 Jalaldeen ... Petitioner/Intervener/ Defacato Complainant Vs.

1.The Inspector of Police, District Crime Branch Police Station, Madurai District.

(Crime No.22 of 2022)

...Respondent/Respondent/Complainant

2.Jalaldeen 3.Fathima Beevi ... Respondents/Petitioners/ Accused 1 to 2 PRAYER : Criminal Original Petition filed under Section 439(2) of the Criminal Procedure Code, to cancel the anticipatory bail granted by the learned Principal District and Sessions Judge, Madurai on 19.10.2022 in Crl.M.P.No.5722 of 2022 in favour of the respondents 2 and 3/accused 1 and 3.

For Petitioner : Mr.B.Arun, Advocate For R1 : Mr.B.Thanga Aravindh, Government Advocate (Crl. Side) For R2 & R3 : Mr.R.Banu Jeganath, Advocate

ORDER

This Criminal Original Petition has been filed to cancel the anticipatory bail granted by the learned Principal District and Sessions Judge, Madurai on 19.10.2022 in Crl.M.P.No.5722 of 2022 in favour of the respondents 2 and 3/accused 1 and 3. 2.This petition is filed on the ground that the petitioner was not given opportunity to put up his case before the Court below while considering the petition for anticipatory bail. https://www.mhc.tn.gov.in/judis 1/2

Crl.O.P.(MD)No.21469 of 2022 3.On perusal of records shows that the defacto complainant was heard and anticipatory bail was granted on merits to the respondents 2 and 3. Therefore, this Court finds no grounds to cancel the order of anticipatory bail granted to the respondents 2 and 3 passed by the learned Principal District and Sessions Judge, Madurai in Crl.M.P. No.5722 of 2022 dated 19.10.2022. Accordingly, this criminal original petition is dismissed.

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 PRINCIPAL DISTRICT AND SESSIONS JUDGE, MADURAI. 2 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH POLICE STATION, MADURAI DISTRICT.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.ARUN B, Advocate ( SR-4215[I] dated 15/03/2023 ) +1 CC to M/s.R.BABU JAGANATH, Advocate SR-4285[I] dated 15/03/2023 )

ORDER

IN CRL OP(MD) No.21469 of 2022 Date :14/03/2023 RK/BUC/SAR-4(28/03/2023) 2P/6C https://www.mhc.tn.gov.in/judis 2/2