Jeyachandran v. Kathiresan

CRL OP(MD). No.19397 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.19397 of 2019 Jeyachandran ... Petitioner/Third Party Vs 1.Kathiresan 2.Manimala 3.Balasankar 4.Shanmugapriya ...1 to 4 Respondents/Accused 1 to 4 5.The Inspector Police, Allinagaram Police Station, Theni District.

Crime No.324 of 2015. ... 5th Respondent/1st Respondent For Petitioner : M/s.R.Suresh Kumar,Advocate. For R-5 : Mr.A.Robinson, Government Advocate (Crl.Side).

For R-1 to R-4 : Mr.R.Shankar Ganesh, Advocate. PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- To cancel the anticipatory bail granted in favour of respondents 1 to 4 herein in the Crl.MP.No.3416 of 2019 dated 16.10.2019 on the file of the Principal Sessions Judge, Theni. ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the first respondent and the learned counsel appearing for respondents 1 to 4.

2. The petitioner seeks cancellation of anticipatory bail granted to respondents 1 to 4 herein.

3. The case is of the year 2015. The petitioner's grievance is that the accused had originally moved the Sessions Court for grant of anticipatory bail and the same was negatived. Suppressing the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.19397 of 2019 same, they got anticipatory bail in their second petition. He would also state that the accused had filed quash petition in which they undertook to pay the sum due to the petitioner herein.

4. Even though the contentions urged by the petitioner's counsel appear to be persuasive, I am not inclined to allow this criminal original petition for the simple reason that the final report has since been filed and the trial has also commenced. Taking note of the fact that the First Information Report is of the year 2015 and the fact that the trial has commenced, I am not inclined to disturb the order impugned passed by the Sessions Court.

5. The criminal original petition stands dismissed, accordingly.

sd/- 20/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE PRINCIPAL SESSIONS JUDGE, THENI.

2.THE INSPECTOR POLICE, ALLINAGARAM POLICE STATION, THENI DISTRICT.

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

+1. CC to M/S.R.SHANKAR GANESH Advocate SR.No.2218

ORDER

IN CRL OP(MD) No.19397 of 2019 Date :20/01/2020 PMU TK/VR/SAR.4/27.01.2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2