The High Court dismissed a petition seeking cancellation of anticipatory bail granted to the accused. The court held that since the subsequent FIR registration was based on the same underlying complaint, no cancellation was warranted.
Criminal miscellaneous petition dismissed; anticipatory bail to the second respondent remains valid.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
EFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Thursday, the Twenty Fourth day of January Two Thousand Nineteen
PRESENT
The Hon`ble Mr.Justice G.R.SWAMINATHAN
CRL MP(MD) No.10189 of 2018 IN CRL OP(MD) No.10279 of 2018
A. AYESHA BHANU ... PETITIONER/DE-FACTO COMPLAINANT
Vs
1 THE INSPECTOR OF POLICE ARUPPUKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT. (IN CRIME NO. 375 OF 2018) ...1st RESPONDENT/RESPONDENT
2 MEERAKANI ... 2nd RESPONDENT/PETITONER
Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to cancel the Anticipatory Bail granted to the 2nd respondent in Crl.OP(MD)No. 10279 of 2018 on 29.06.2018
Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.M.JOTHIBASU, Advocate for the petitioner and of Mr.A.ROBINSON,Government Advocate (Crl Side) for R1, the Respondents the court made the following order:-
The grievance of the petitioner herein is that the second respondent herein / accused obtained anticipatory bail prior to registration of Crime No.375 of 2018 on the file of the Aruppukottai Town Police Station. The second respondent herein filed Crl.O.P. (MD)No.10279 of 2018 seeking grant of anticipatory bail for the offence under Section 420 IPC. When the matter was taken up for https://hcservices.ecourts.gov.in/hcservices/ hearing on 29.06.2018, no FIR had been registered. The FIR came to be registered only on 06.08.2018 for the offences under Sections
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420, 467, 468, 465 and 471 IPC. Therefore, the defacto complainant seeks cancellation of anticipatory bail granted to the second respondent earlier.
TO
PS/JC/SAR-3/05.02.2019/2P/3C ORDER IN CRL MP(MD) No.10189 of 2018 IN CRL OP(MD) No.10279 of 2018 Date :24/01/2019
1 issue framed by the court
Whether anticipatory bail granted prior to FIR registration must be cancelled upon subsequent registration of the FIR on the same complaint.
5 provisions across 1 enactments
A. AYESHA BHANU
MEERAKANI
THE INSPECTOR OF POLICE ARUPPUKOTTAI TOWN POLICE STATION VIRUDHUNAGAR DISTRICT
G.R. SWAMINATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
