K. Rajkumar v. Kannan
Case brief
What is this about?
Petitioner sought cancellation of anticipatory bail. Court noted police enquiry found alleged threatening calls to be missed calls. With no valid ground for violation, bail remained in force.
What did the court decide?
The Criminal Miscellaneous Petition seeking cancellation of anticipatory bail is dismissed with no order as to costs.
What the court decided
Crl.M.P. No.17521 of 2023 in Crl.O.P.No.13439 of 2023
Crl. M.P. No.17521 of 2023 in Crl.O.P.No.13439 of 2023
A.D.JAGADISH CHANDIRA, J.
This petition has been filed by the de facto complainant seeking to cancel the anticipatory bail granted to the first respondent herein by an order dated 28.06.2023 in Crl.O.P.No.13439 of 2023.
- The case of the petitioner is that based on the complaint given
by him, a case in Crime No.34 of 2023 came to be registered against the first respondent herein for the offences punishable under Sections 147, 341, 294(b), 447 and 506(i) of I.P.C. It is the further case of the petitioner/defacto complainant that the first respondent had approached this Court seeking anticipatory bail in Crl.O.P.No.13439 of 2023 and this Court, by an order dated 28.06.2023, had granted anticipatory bail to him imposing conditions and as one of the conditions imposed, the first respondent was directed to appear before the second respondent-police daily at 10.30 a.m., and he shall not tamper with evidence or witness during investiation or trial. The petitioner/defacto complainant now alleged that 1/6
Crl.M.P. No.17521 of 2023 in Crl.O.P.No.13439 of 2023
after getting anticipatory bail from this Court, the first respondent had been continuously threatening him on 02.10.2023 and 03.10.2023 through a mobile phone carrying number 9444405318 and in this regard, the petitioner/defacto complainant had given a complaint to the second respondent police on 04.10.2023. Since the first respondent had violated the condition imposed by this Court, the present application has been filed for cancellation of bail granted to the first respondent.
Issues for consideration
2 issues framed by the court
Whether anticipatory bail granted to the first respondent should be cancelled due to allegations of violating court-posed conditions.
Whether the threat allegation made by the petitioner forms valid grounds for cancellation of bail.
Parties & counsel
- other
A.D. JAGADISH CHANDIRA
- petitioner
De facto Complainant
- respondent
First Respondent
- respondent
Second Respondent-Police
Coram
Case details
As recorded by the court registry
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