Justice Swaminathan closed the criminal miscellaneous petition seeking cancellation of anticipatory bail solely on the filing of an affidavit by the accused denying allegations of threat and offering unconditional apology.
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CRL MP(MD). No.4837 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI
( Criminal Jurisdiction )
Date : 04/11/2020
PRESENT
The Hon'ble Mr.Justice G.R.SWAMINATHAN
CRL MP(MD). No.4837 of 2020 in CRL OP(MD). No.16063 of 2020
Ranjala ... Petitioner/Defacto complainant
Vs 1.The State Rep. by The Inspector of Police, Raliway Police Station, Tenkasi, Tenkasi District. (Crime No. 21 of 2019). ... 1st respondent/complainant
2.Subburaja ... 2nd Respondent/Petitioner/ Sole Accused
For Petitioner : Mr.V.Malaiyendran, Advocate For Respondent No.1 : Mr.A.Robinson, Government Advocate (Crl.Side)
For Respondent No.2 : Mr.T.Chandrasekar, Advocate
PRAYER :- To cancel the Anticipatory Bail order passed by this Hon'ble Court in Crl.O.P (MD)No. 16063 of 2019, dated 11.11.2019
ORDER : The Court Made the following order :-
Heard the learned counsel on either side.
2.The petitioner alleges continued threat from the accused. The accused today has filed an affidavit. The affidavit reads as under :
“1.I am the 2nd Respondent herein and I am the petitioner in main criminal original petition and I am well acquainted with the fact of the case.
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CRL MP(MD). No.4837 of 2020
6.I humbly submits that I have moved Anticipatory bail before this Hon’ble Court through my counsel and this Hon’ble granted bail to me in Crl.O.P.(MD)No.16063 of 2019 on 11.11.2019. After that I was surrender before the Hon’ble Judicial Magistrate Court, Tenkasi and I was released on bail and observed all conditions imposed by this Hon’ble Court.
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CRL MP(MD). No.4837 of 2020
petitioner was transferred with a promotion to Tirunelvel Junction. Therefore, I have not pressed my transfer application and now I am working in very same place. Now the petitioner is working at Tirunelveli, and living with her parental house at Thoothukudi. 8.I humbly submit that after transfer to Tirunelveli, the petitioner called me several time through mobile phone and asked me to marry her. Thereafter, I am not responding the petitioner phone calls, on 20.12.2019 she sent a picture whatsapp Massage to my friend one Nanthagopal with a threatened manner “Knife “with her photo. Subsequently, I have been sent a message to her on very same day. Now the petitioner threatened me to marry her and willingly she made an application for transfer very same place of Bhagavathipuran Railway Station from Tirunelveli. The petitioner is filed this cancelation of bail petition before this Hon’ble Court, after one year, only motive to stop my marriage Further, I am not given any life threat to the petitioner with my friend and myself and ready to unconditional apology before this Hon’ble Court to her for the act done by me and I am ready to undertaken before this Hon’ble Court, I do not involved any criminal activities in future for the same. In this regard, I will not give any life threatening to the petitioner and I will not tamper the investigations and witnesses. The complaints have been made with false allegations for extraneous reasons. I am an innocent person and I am an employee of Railway Department and in the cancelation of bail, I would be subjected to serious hardships.
Hence, it is prayed that this Hon’ble Court may be pleased to accept this unconditional apologies Affidavit and dsismiss the discuss of cancellation Petition for Anticipatory bail order passed by this Hon’ble Court in Crl.M.P.(MD)No. 4837 of 2020 in Crl.O.P. (MD)No.16063 of 2019 dated 11.11.2019, and passes such further or other order as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice.”
3.Recording the said affidavit, this criminal miscellaneous petition is closed.
sd/04/11/2020
/ TRUE COPY /
/ /2020
Sub-Assistant Registrar (C.S.)
Madurai Bench of Madras High Court, Madurai - 625 023.
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CRL MP(MD). No.4837 of 2020
TO
ORDER IN CRL MP(MD) No.4837 of 2020 IN CRL OP(MD) No.16063 of 2019 Date :04/11/2020
SKM
TE/AKM/SAR-II : 07/12/2020 : 4P/5C
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Ranalja
The State Rep. by The Inspector of Police, Raliway Police Station, Tenkasi
Subburaja
G.R. SWAMINATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
