Madras High CourtCRL OP(MD)/21159/2023closed

Murugeshwari v. Arociya Deepak Benitto

2024-01-10Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) DATED: 10.01.2024

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI Murugeshwari ... Petitioner / Victim / Defacto Complainant Vs.

1.Arockiya Deepak Benitto ... 1st Respondent / Accused No.4 4.State through, The Inspector of Police, Dindigul Town South Police Station, In Crime No.85 of 2018 ... 2nd Respondent / Complainant PRAYER : Criminal Original Petition filed under Section 439(2) of the Code of Criminal Procedure, to cancel the bail granted to the first respondent/Accused No.4 in Cr.M.P.No.40 of 2018 dated 10.05.2018 on the file of the learned Principal Sessions Judge, Dindigul in the case of Crime No.85 of 2018. For Petitioner : Mr.S.Srikanth, Advocate for M/S.APN Law Associates.

For R2 : Mr.B.Nambiselvan, Additional Public Prosecutor For R1 : Mr.Antony Arulraj, Advocate 1/3

ORDER

This Criminal Original Petition has been filed to cancel the bail granted to the first respondent/Accused No.4 in Cr.M.P.No.40 of 2018 dated 10.05.2018 on the file of the learned Principal Sessions Judge, Dindigul in the case of Crime No.85 of 2018. 2.Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the second respondent police would submit that during pendency of this cancellation petition, the law enforcing agency conducted investigation and filed charge sheet in PRC. No.32 of 2018 before the concerned Jurisdictional court and there is no question of cancelling the bail. 3.Recording the above submission, this criminal original petition is closed. However, the petitioner is at liberty to raise all the grounds, which are raised in the present petition, before the trial Court, at the time of trial, by way of filing a petition for assisting the prosecution.

sd/- 10/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S. I / II / III /IV) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS 2/3

To 1.The Principal Sessions Judge, Dindigul.

2.The Inspector of Police, Dindigul Town South Police Station.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.T.ANTONY ARULRAJ, Advocate ( SR-558[I] dated 11/01/2024 )

ORDER

IN CRL OP(MD) No.21159 of 2023 Date :10/01/2024 ED/ VR /SAR- (22/01/2024) 3P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3