Criminal Original Petition filed under Section 438 CrPC for anticipatory bail was closed. The High Court accepted that possession of a shop was handed over to the defacto complainant/land owner, rendering the matter moot.
The petition was closed; execution proceedings are also liable to be closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.No.599 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 30.01.2023
CORAM :
THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI
Crl.O.P.No.599 of 2023
N.R.Senthil Kumar ... Petitioner
Vs.
State Represented by The Inspector of Police District Crime Branch Nilgiris District (Crime No.12 of 2022) ... Respondent
PRAYER : Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of arrest pending investigation in Crime No.12 of 2022 on the file of the respondent police.
For Petitioner : Mr.K.Balasubramaniam
For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) For Intervenor : T.M.Mano
1/4
Crl.O.P.No.599 of 2023
ORDER
This Criminal Original Petition has been filed seeking to
enlarge the petitioner on bail in the event of arrest pending investigation
in Crime No.12 of 2022 on the file of the respondent police.
submit that the possession of the shop was handed over to the defacto complainant and the same was acknowledged by the defacto complainant/land owner and a copy of the letter also perused. It reveals that the vacant possession of the property was handed over to the defacto complainant.
defacto complainant confirmed the said fact. Hence, the fact reveals that
now the possession was handed over to the original owner by this petitioner.
Crl.O.P.No.599 of 2023
Consequently the execution proceedings are also liable to be closed.
30.01.2023
gbi
To
Crl.O.P.No.599 of 2023
T.V.THAMILSELVI, J.
gbi
Crl.O.P.No.599 of 2023
30.01.2023
1 provisions across 1 enactments
N.R.Senthil Kumar
State Represented by The Inspector of Police District Crime Branch Nilgiris District
T.V.ThamilSelvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
