Dismissed

V.Sasi v. Wilfred

Madras HC12 Dec 2023CRL MP(MD)/10968/2023

Case brief

AI extract

What is this about?

This petition sought cancellation of anticipatory bail granted on April 18, 2023, alleging that accused persons suppressed facts and attacked the petitioner. The court dismissed the petition, holding that cogent and supervening circumstances necessary for cancellation were absent and bail should not be cancelled mechanically.

What did the court decide?

The petition for cancellation of anticipatory bail is dismissed.

V.Sasi Vs Wilfred — Anticipatory Bail | Madras HC (2023)

¶1

CRL MP(MD) No.10968 of 2023

¶2

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

¶3

Tuesday, the Twelfth day of December Two Thousand and Twenty Three

¶4

PRESENT

¶5

The Hon`ble Mr.Justice V. SIVAGNANAM

¶6

CRL MP(MD) No.10968 of 2023 IN CRL OP(MD) No.6801 of 2023

¶7

V.SASI

¶8

... Petitioner / Defacto Complainant

1 WILFRED

2 VIJAYAN

3 JULA

4 THE INSPECTOR OF POLICE NITHIRAVILAI POLICE STATION, SAMATHUVAPURAM, KANYAKUMARI DISTRICT. ... Respondents / Respondents

¶14

Criminal Miscellaneous 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 granted to the Respondent/ Accused No.1 to 3/ 2 to 4 vide order dated 18.04.2023 passsed by this Honble Court in theCrl.O.P.No.6801 of 2023 and pass order for arrest of the Respondent / Accused No.1 to 3 /2 to 4 be committed to custody till the completion of the invetigation of the case in the interest of justice.

¶15

Order : This criminal miscellaneous petition coming up for orders on this day,

¶16

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

¶17

1/4

¶18

CRL MP(MD) No.10968 of 2023

¶19

upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.CLEETUS.W, Advocate for the petitioner and of Mr.C.MUTHU SARAVANAN, Advocate on behalf of the Respondent Nos.1 to 3 and of Mr.R.SURESH KUMAR, Government Advocate (Crl. side) on behalf of the Respondent No.4, the court made the following order:-

¶20

This Petition has been filed to cancel the anticipatory bail granted in Crl.O.P (MD)No.6801 of 2023, dated 18.04.2023 on the file of this Court.

¶21

The learned counsel appearing for the petitioner submitted that all the accused persons attacked the defacto complainant and he sustained grievous injuries. However, the accused persons suppressed the entire fact and got anticipatory bail and hence, he prays for cancellation of anticipatory bail granted to them.

¶22

The learned Government Advocate(Crl.side) appearing for the respondent police would submit that it is a case of matrimonial dispute and the investigation has been completed and charge sheet also filed.

¶23

Heard both sides and perused and materials available on record.

¶24

In view of the Judgments laid down by the Hon'ble Supreme Court reported in 1978 AIR 1961 equivalent to 1978 SCR(3) 950 in the case of State through Delhi Vs. Sanjay Gandhi and others and 1955 SCC (1) 349, JT 1995(1) 127 in the case of (Dolat Ram Vs. State of Hariyana), very cogent and supervening circumstances are necessary for an order directing the cancellation of bail already granted. However, https://www.mhc.tn.gov.in/judis

¶25

2/4

¶26

CRL MP(MD) No.10968 of 2023

¶27

once the bail granted should not be cancelled in a mechanical manner without considering whether any intervening circumstances have rendered out no longer conducive to fair trial to allow the accused to retain their freedom by enjoying the concession during the trial. Therefore, the grounds stated in the petition does not made the parameter laid down by the Hon'ble Supreme Court and hence, this Petition is dismissed.

¶28

sd/12/12/2023

¶29

/ TRUE COPY /

¶30

/01/2024 Sub-Assistant Registrar (C.S.I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

¶31

GNS

¶32

¶33

1.The Judicial Magistrate No.II, Kuzhithurai.

¶34

2.Do through the Chief Judicial Magistrate, Kanyakumari District at Nagercoil.

¶35

3.The Inspector of Police, Nithiravilai Police Station, Samathuvapuram, Kanyakumari District.

¶36

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

¶37

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

¶38

3/4

¶39

CRL MP(MD) No.10968 of 2023

¶40

ORDER IN CRL MP(MD) No.10968 of 2023 IN CRL OP(MD) No.6801 of 2023 Date :12/12/2023

¶41

ED/ JGB /SAR- (02/01/2024) 4P / 5C

¶42

Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

¶43

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

¶44

4/4

V.Sasi v. Wilfred

Case brief

What is this about?

What did the court decide?

V.Sasi v. Wilfred

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Venkatesh Vs Banumathi

S.Eugine Prasath @ Yugin Prasath Vs the Inspector of Police

Jeeyaveera Vigneshvaran Vs The Inspector of Police

Prabhakaran Vs the Inspector of Police

Yosuwa Vs the Inspector of Police

Velarasan Vs the Inspector of Police