This judgment dismisses a petition filed under Section 439(2) Cr.P.C. seeking cancellation of anticipatory bail. The court held that no cogent and supervening circumstances existed to justify cancellation as the accused complied with conditions, preventing a mechanical cancellation.
Criminal Original Petition dismissed; anticipatory bail remains in force.
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 OP(MD). No.10717 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 23/11/2023
CORAM
The Hon`ble Mr.Justice V. SIVAGNANAM
CRL OP(MD). No.10717 of 2023
Marikannan .. Petitioner/Intervener/Defacto complainant
Vs
PRAYER :-
This Criminal Original Petition is filed under Section 439(2) of Cr.P.C., to cancel the anticipatory bail granted in favour of the respondent No.1 / A3 by the Principal Sessions Judge, Thirunelveli, by its order, dated 01.07.2021 made in Crl.M.P.No.3790 of 2021.
For petitioner : Mr.K. Althaf Sherif,Advocate For respondent No. 1 : Mr.M. Maharaja, Advocate
For 2nd respondent : Mr.RMS.Sethuraman
Additional Public Prosecutor
1/4
ORDER
CRL OP(MD). No.10717 of 2023
This Criminal Original Petition has been filed to cancel the anticipatory bail granted in favour of the respondent No.1 / A3 by the Principal Sessions Judge, Thirunelveli, by its order, dated 01.07.2021 made in Crl.M.P.No.3790 of 2021.
anticipatory bail granted to the first respondent. Further, in view of the Judgments https://www.mhc.tn.gov.in/judis
2/4
CRL OP(MD). No.10717 of 2023
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, 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 his 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. Hence, this Criminal Original Petition is dismissed.
sd/13/12/2023 / TRUE COPY /
/01/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP
TO
3/4
CRL OP(MD). No.10717 of 2023
ORDER IN CRL OP(MD) No.10717 of 2023 Date :13/12/2023
PKP/JGB/SAR- /08.01.2024/ 4P/ 3C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
4/4
2 issues framed by the court
Whether the petitioner has a prima facie case to cancel the anticipatory bail granted to the accused.
Whether cogent and supervening circumstances exist to direct the cancellation of bail already granted.
Colour shows how this judgement treated each authority
State through Delhi Vs. Sanjay Gandhi and othersReferred¶28
1978 AIR 1961 equivalent to 1978 SCR(3) 950 in the case of State through Delhi Vs. Sanjay Gandhi and others · Who else cites this
Dolat Ram Vs. State of HariyanaReferred¶28
1955 SCC (1) 349, JT 1995(1) 127 in the case of Dolat Ram Vs. State of Hariyana · Who else cites this
1 provisions across 1 enactments
Marikannan
Vaikundarajan
Inspector of Police, Palayamkottai Police Station, Thirunelveli District
V. Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
