Madras High CourtCRL OP(MD)/21286/2024disposed of

H. Monisha v. The State Of Tamilnadu

2024-12-05Honourable Mr Justice N. Anand Venkatesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.12.2024

CORAM:

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH H.Monisha ... Petitioner/Defacto Complainant/Intervenor vs.

1.The State of Tamil Nadu, Through Deputy Superintendent of Police, Thuckalay Division, Kanyakumari District ... 1st Respondent/Complainant/ 3rd Respondent 2.R.Sheen Chandra ... 2nd Respondent/1st Petitioner/1st Respondent 3.Ravi Chandra Jones ... 3rd Respondent/2nd Petitioner/2nd Respondent 4.The Inspector of Police, All Women Police Station, Marthandam, Kanyakumari District ... 4th Respondent (4th Respondent herein has been suo motu impleaded vide Court order dated 05.12.2024 in Crl.O.P.

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Prayer : Criminal Original Petition filed under Section 483(2) of BNSS, to set aside the order and thereby, cancel the anticipatory bail granted in favour of the 2nd and 3rd respondents by the learned Principal and Sessions Judge, Kanyakumari District at Nagercoil in Crl.M.P.No.3737 of 2024 on 15.10.2024.

For Petitioner : Mr.David Oliver For Respondent : Mr.Thanga Aravindh.B Government Advocate (Criminal Side)

ORDER

The Inspector of Police, All Women Police Station, Marthandam, Kanyakumari District is suo motu added as the 4th respondent in this petition.

2. This petition has been filed to cancel the anticipatory bail granted by the Court below in Crl.M.P.No.3737 of 2024 dated 15.10.2024.

3. The learned counsel for the petitioner submitted that the petitioner is not intending to harass her husband. The only requirement of the petitioner is that she wants her passport and her son's passport, along with the certificates, to be returned back to her. This request of the petitioner need not result in cancellation of anticipatory bail. 2/5

4. On carefully going through the order, it is seen that the 2nd and 3rd respondents have been directed to appear before the respondent police daily at 10.00 a.m. until further orders. On such appearance before the 4th respondent, the 4th respondent shall enquire the availability of the passport belonging to the petitioner and her son, and the other certificates. If it is available with the 2nd and 3rd respondents, the same shall be directed to be returned back to the petitioner. This clarification will sufficiently take care of the grievance of the petitioner.

5. Accordingly, this Criminal Original Petition is disposed of in the above terms.

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To 1.The learned Principal and Sessions Judge, Kanyakumari District at Nagercoil.

2.The Deputy Superintendent of Police, Thuckalay Division, Kanyakumari District.

3.The Inspector of Police, All Women Police Station, Marthandam, Kanyakumari District.

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

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N. ANAND VENKATESH, J.

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