Allowed

M.Malathi v. Geethanjali

Madras HC7 Sept 2022CRL MP(MD)/3222/2022

Case brief

AI extract

What is this about?

The Court allowed criminal miscellaneous petitions to cancel anticipatory bail granted to respondents. Bail was cancelled as respondents failed to return jewels to the de-facto complainant despite undertaking and subsequent adjournments, citing financial hardship as a defense.

What did the court decide?

The anticipatory bail granted in Crl.OP (MD)Nos.7829 and 7772 of 2020, dated 07.08.2020, is cancelled.

M.Malathi Vs Geethanjali — Bail and Remand | Madras HC (2022)

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CRL MP(MD) No.3222 of 2022

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

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Wednesday, the Seventh day of September Two Thousand and Twenty Two

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PRESENT

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The Hon`ble Mrs.Justice R.THARANI

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CRL MP(MD) Nos.3222 & 3225 of 2022 IN CRL OP(MD)Nos.7829 & 7772 of 2020

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CRL MP(MD)No.3222/2022 IN CRL OP(MD).7829/2020:

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M.MALATHI ... PETITIONER/DE-FACTO COMPLAINANT

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1 GEETHANJALI

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... 1^st RESPONDENT/PETITIONER

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2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THIRUPPATHUR,

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SIVAGANGAI DISTRICT.

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(CRIME NO.NOT KNOWN OF 2020). ... 2^nd RESPONDENT/RESPONDENT

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Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to cancel the anticipatory bail in Crl.OP(MD)No.7829/2020 dt.7/8/2020 on the file of this Honble Court.

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CRL MP(MD)No.3225/2022 IN CRL OP(MD).7772/2020:

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M.MALATHI ... PETITIONER/DE-FACTO COMPLAINANT Vs 1 A.SELVAM 2 MARIKANNU ... 1^st & 2^nd RESPONDENTS/PETITIONERS

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2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THIRUPPATHUR, SIVAGANGAI DISTRICT.

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(CRIME NO.NOT KNOWN OF 2020). ... 3^rd RESPONDENT/RESPONDENT

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To Cancel the anticipatory bail in Crl.OP.(MD)No.7772/2020 dated 07/08/2020 on the file of this Honble Court.

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https://www.mhc.tn.gov.in/judis

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CRL MP(MD) No.3222 of 2022

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Common Order : These petitions coming up for orders on this day, upon perusing the petitions filed in support thereof and upon hearing the arguments of M/S.VEERAKUMAR.T, Advocate for the petitioner in both Petitions and of M/S.M.VAIKKAM KARUNANITHI, Government Advocate(Crl.side) on behalf of the 2^nd Respondent in Crl.MP(MD).3222/2022 in Crl.OP(MD).7829/2020 and for the 3^rd Respondent in Crl.MP(MD).3225/2022 in Crl.OP(MD).7772/2020, the court made the following order:-

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The petitioner/defacto complainant has filed these petitions to cancel the anticipatory bail granted to the respondents, in Crl.MP (MD)Nos.3222 and 3225 of 2022, on 07.08.2020.

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2.On the side of the petitioner, it is stated that the respondents viz., Malathi and Selvam got anticipatory bail, on an undertaking that they will return the jewels of the defacto complainant, but they failed to comply with the condition, even after a lapse of one year. They returned only 10 sovereigns of gold jewels and failed to return the remaining jewels to the petitioner.

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3.On 08.08.2022, this matter was adjourned based on the undertaking of the respondents to hand over 11 sovereigns of gold jewels to the petitioner, but they failed to comply with the condition, even on 23.08.2022. Hence, prayed that the anticipatory bail granted to the respondents to be cancelled.

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4.On the side of the respondents it is stated that the respondents' son died and now they are penniless and they could not comply with the condition, as undertook by them earlier.

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5.It is seen that the respondents undertook to return the jewels of the defacto complainant. Even after sufficient time was granted, they failed to return the jewels. Hence, this Court finds no merit in the submission made on the side of the respondents.

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6.Accordingly, these Criminal Miscellaneous Petitions are allowed, and the anticipatory bail granted by this Court in Crl.OP (MD)Nos.7829 and 7772 of 2020, dated 07.08.2022, stand cancelled.

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07/09/2022

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/09/2022

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Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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PNM

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https://www.mhc.tn.gov.in/judis

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CRL MP(MD) No.3222 of 2022

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1.THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THIRUPPATHUR, SIVAGANGAI DISTRICT.

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

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+2. C.C. to M/S.VEERAKUMAR T Advocate SR.No.9780,9779

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RK/SBN/SAR-II (12/09/2022) 3P/5C

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https://www.mhc.tn.gov.in/judis

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M.Malathi v. Geethanjali

Case brief

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What did the court decide?

M.Malathi v. Geethanjali

Case brief

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