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Madras High CourtCRL MP(MD)/17259/2023dismissed

Maheswari v. The Inspector Of Police

2024-03-27Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice G.ILANGOVAN in CRL OP(MD)No.12689 of 2023 MAHESWARI ... PETITIONER/INTERVENER/ DEFACTO COMPLAINANT Vs 1 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KEELAKARAI, RAMANATHAPURAM DISTRICT.

(CRIME NO.15 OF 2023) ... RESPONDENT NO.1/SOLE RESPONDENT 2 MANIKANDAMOORTHY (SUO MOTU IMPLEADED ON 20.07.2023) ... RESPONDENT NO.2/ACCUSED NO.1 3 RAMAKRISHNAMOORTHY 4 KALIAMMAL 5 KALEESWARI ... RESPONDENTS No.2 TO 4/PETITIONERS 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 bail granted to the accused/R2 to 4 vide order in Crl.O.P.MD.No.12689/2023 dated 16.08.2023 passed by this Honble Court. 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 MR.B.MAHENDRARAJAN, Advocate for the petitioner and of Mr.R.SURESH KUMAR, Government Advocate(Crl.side) on behalf of the 1st Respondent and Mr.N.MARIMUTHU, Advocate for the respondents 2 to 5, the Court made the following order:- This petition is filed to cancel the bail order passed by this Court, in Crl.OP (MD)No.12689 of 2023 dated 16.08.2023.

2.This petition is filed on the ground that the respondents 2 to 5/accused 2 to 5 have not given the entire amount that is due to the petitioner. 3.The learned counsel appearing for the petitioner/defacto complainant would submit that out of the total amount, remaining amount of Rs.5 lakhs to be paid to the petitioner. He prays for cancellation of bail.

4. Per contra, the learned counsel for the respondents 2 to 5/accused 2 to 5 would submit that there is money transaction between them and the wife/defacto complainant demands that unless money is paid, she will not come for re-union. 2/4

5. The abovesaid attitude of the petitioner will not be encouraged. This is matrimonial dispute. Hence, this Court is of the view that there is no necessity to cancel the bail order granted in favour of the accused.

6. Let investigation be completed as early as possible.

7. Accordingly, this Criminal Miscellaneous Petition is dismissed. sd/- 27/03/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

CM TO 1 THE JUDGE, ADDITIONAL MAHILA COURT, RAMANATHAPURAM.

2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KEELAKARAI, RAMANATHAPURAM DISTRICT.

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

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+1 CC to M/s.N.MARIMUTHU, Advocate ( SR-4004[I] dated 01/04/2024 )

ORDER

IN IN CRL OP(MD) No.12689 of 2023 Date :27/03/2024 SS/GS/SAR- /04/04/2024/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4