M. Mohaamed Jasmine v. Fathima Afra
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Third day of December Two Thousand and Twenty Four PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH IN CRL OP(MD) No.12402 of 2024 M. MOHAAMED JASMINE ... Petitioner / De-facto Complainant Vs 1 FATHIMA AFRA 2 MUHAMED ANAS 3 MOHAMED MUSTHAFA 4 RAJESH PRABHU @ RAJUBOY (ROYYAN), ... Respondents 1 to 4 / Petitioners 5 THE INSPECTOR OF POLICE BAZAAR POLICE STATION, RAMANATHAPURAM, CRIME NO.237/2024 ... 5th Respondent / Respondent Criminal Miscellaneous 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 Crl O.P(MD) No. 12402 of 2024 dt 04.09.2024. 1/4
Order : This Criminal Miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/s.P.BALAMURUGAN, Advocate for the petitioner and of M/s.PALANIVEL.M, Advocate on behalf of the Respondents and M/s.THANGAARAVINDH.B, Government Advocate (Crl. Side) for the 5th Respondent, the court made the following order:- This petition has been filed seeking to cancel the anticipatory bail granted in favour of respondents 1 to 4 in Crl.OP(MD).No.12402 of 2024 dated 04.09.2024.
2. Heard the learned counsel on either side and perused the materials placed on record.
3. The only ground on which the cancellation of anticipatory bail is sought for is found at paragraph no.6 of the petition and the same is extracted hereunder:- "6. The petitioner submits that the respondents 1 to 4 to threatened the petitioner and to withdrawn the complaint as against the respondents 1 to 4."
4. In the considered view of this Court, there is a vague allegation against the respondents 1 to 4 as if they threatened the petitioner to withdraw the complaint. The petition does not contain any particulars as to when such threat was made and what action the petitioner took after such threat was made by the respondents 1 to 4.
5. The cancellation of anticipatory bail can be done only if any conditions have been violated by the accused persons or there are supervening circumstances for the cancellation of the anticipatory bail. In the absence of the same, the anticipatory bail cannot be cancelled based on some vague allegations. 2/4
6. In view of the above, this criminal miscellaneous petition stands dismissed. sd/- 03/12/2024 / TRUE COPY / / 12 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
PAL TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, NO.I, RAMANATHAPURAM.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.
3 THE INSPECTOR OF POLICE BAZAAR POLICE STATION, RAMANATHAPURAM.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN IN CRL OP(MD) No.12402 of 2024 Date :03/12/2024 3/4
PSP/ SKN /SAR /16.12.2024/ 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4