A criminal original petition filed under Section 439(2) CrPC to cancel bail granted to accused respondents was dismissed. The court found no proper evidence or specific timeframe for alleged threats. The petitioner was directed to strictly comply with bail conditions.
Petition dismissed; Petitioner directed to comply strictly with bail conditions.
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Crl.OP(MD)No.6657 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.07.2022
PRESENT
THE HON'BLE MR JUSTICE G.ILANGOVAN
Crl.OP(MD)No.6657 of 2022
Kamalanathan
... Petitioner/Intervener Petitioner/Defacto Complainant
vs.
2.Bharathi @ Bharathi Raja 3.Raja 4.Surya @ Jayasurya 5.Prabu @ Prabakaran ... Respondents 2 to 5/Petitioner Accused No.1 to 4
PRAYER: Criminal Original Petition filed under Section 439(2) of the Code of Criminal Procedure, to cancel the bail granted by the learned Principal District and Sessions Judge, Karur in Crl.MP.No.359 of 2022 dated 28.02.2022 to the respondent No.2 to 5 forthwith.
For Petitioner : Mr.R.Alagumani For R1 : Mr.P.Kottai Chamy Government Advocate (Crl.Side) For R2 to R5 : Mr.L.Prabakaran
O R D E R
This petition is filed to cancel the bail granted by the learned Principal District and Sessions Judge, Karur, in Crl.MP.No.359 of 2022 dated 28.02.2022 to the respondent No.2 to 5 forthwith.
2.The learned Principal District and Sessions Judge, Karur, has granted bail to the petitioner by directing him to appear and sign before the Aravakurichi Police Station daily at 10.00 a.m, until further orders.
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Crl.OP(MD)No.6657 of 2022
3.The grievance of the learned counsel for the petitioner is that subsequent to the above said order, now, the private respondents threatened the petitioner to withdraw the case. But, proper time and date was not mentioned in the petition. It has been simply stated that the private respondents continuously threatening the petitioner and his family members. So, on that basis, he sent a representation on 21.03.2022 and 22.03.2022 to the Superintendent of Police, Karur District, to take action for cancellation of bail. Since no steps have been taken, he filed this petition.
4.The learned Government Advocate (Crl.Side) would submit that no complaint has been received by the respondent police with regard to the alleged threat, which was made by the private respondents to the petitioner and his family members. It appears that without disclosing proper time and date, this petition has been filed.
5.In view of the submission made by the learned Government Advocate (Crl.Side), the petition deserves dismissal and accordingly, dismissed.
6.But, however, the petitioner is directed to comply the conditions strictly. If any violation is noticed, liberty is always available to the private respondents to apply for cancellation of bail.
sd/-
08/07/2022
/ TRUE COPY / /07/2022
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
ORDER
IN
CRL OP(MD) No.6657 of 2022 Date :08/07/2022
dss
https://www.mhc.tn.gov.in/judis USK/SVR/SAR-I/18.07.2022/2P/4C
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2 issues framed by the court
Whether to cancel the bail granted by the lower court to the accused respondents.
Whether the allegations of threats against the petitioner warrant cancellation of bail.
1 provisions across 1 enactments
Kamalanathan
State through The Inspector of Police, Thanthonimalai Police Station, Karur District
Bharathi @ Bharathi Raja
Raja
Surya @ Jayasurya
Prabu @ Prabakaran
G.ILANGOVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
