Madras High CourtCRL OP(MD)/14108/2013dismissed

R.Natarajan v. The Inspector Of Police

2016-02-05Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.02.2016 CORAM :

THE HONOURABLE MR.JUSTICE C.T.SELVAM CRL.OP(MD)No.14108 of 2013 R.Natarajan ... Petitioners/Defacto Complainant Vs.

1.State Rep. By The Inspector of Police, District Crime Branch, Pudukkottai District (Crime No.26 of 2013) ..1st Respondent/Complainant 2.Ravichandran 3.Dhanapal ...2nd and 3rd Respondents/A1 and A9 PRAYER: Petition filed under Section 439(2) of the Criminal Procedure Code to cancel the anticipatory bail granted by the learned Principal Sessions Judge, Pudukkottai to the respondents 2 and 3 in Cr.M.P. No.1137 of 2013 dated 02.08.2013.

For Petitioner : Mr.M.Suresh For R1 : Mrs.S.Prabha Government Advocate(Crl.side) For R2 & R3 : Mr.J.Lawrence

O R D E R

This Criminal Original Petition is filed under Section 439(2) of Cr.P.C. to cancel the anticipatory bail granted by the learned Principal Sessions Judge, Pudukkottai to the respondents 2 and 3 in Cr.M.P. No.1137 of 2013 dated 02.08.2013.

2. Heard learned counsel for the petitioner and learned Government Advocate(Crl.side) appearing for the first respondent and learned counsel appearing for the respondents 2 and 3.

3. It is submitted by the learned counsel for the petitioner that in moving a petition for anticipatory bail, the respondents 2 and 3/accused failed to bring to the notice of this Court pendency of a similar application before the Sessions Court. Thereafter, he had withdrawn the petition filed before this Court on 01.08.2013 and obtained favourable orders at the hands of the Sessions Court on 02.08.2013. Though the action of the respondents 2 and 3 might not be a desirable one, this Court finds that they had withdrawn the application pending before this Court before obtaining favourable orders at the hands of the court below. On such consideration as also the fact that we are now 21⁄2 years away from the date of filing of the petition, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(CS-I) /True copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

To, 1.The Principal Sessions Judge, Pudukkottai.

2.The Inspector of Police,District Crime Branch,Pudukkottai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.

+one cc to Mr.M.Suresh, Advocate in SR.NO.7194/16 CSL/SKS-RR/12.02.2016/2p/5c CRL.OP(MD)No.14108 of 2013 05.02.2016 https://hcservices.ecourts.gov.in/hcservices/