This court dismissed a petition seeking cancellation of anticipatory bail. The court clarified it would not adjudicate on property possession, as that is for the trial court, and directed the criminal trial to proceed.
The Criminal Miscellaneous Petition stands dismissed.
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Crl.M.P.No.15480 of 2024 in Crl.O.P.No.3990 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.12.2024
CORAM
THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN
Crl.M.P.No.15480 of 2024 in
Crl.O.P.No.3990 of 2024
Kirubalakshmi ...Petitioner/Defacto Complainant
Vs.
PRAYER:
Criminal Miscellaneous Petition is filed under Section 439(2) of Cr.P.C. praying to cancel the anticipatory bail granted to the respondents 1 to 3 / accused 1 to 3 vide order dated 05.03.2024 in Crl.O.P.No.3990 of 2024.
1/4
Crl.M.P.No.15480 of 2024 in Crl.O.P.No.3990 of 2024
For Petitioner : Mr.Prasanth Narayanan For R1 to R3 : Mr.N.Vijaya Baskar For M/s.Law vision For R4 : Mr.R.Vinothraja Govt. Advocate (Crl. Side)
ORDER
The Criminal Miscellaneous Petition has been filed seeking to cancel the order granting anticipatory bail to the 1st , 2nd and 3rd respondents / A1 to A3 in Crl.O.P.No.3990 of 2024 by an order dated 05.03.2024.
2.It had been contended on behalf of the petitioner that inspite of the investigation, the 1st to 3rd respondents / accused had again made attempts to dispossess the petitioner herein. It is also stated that O.S.No.455 of 2022 is also pending before the I Additional District Court, Salem.
3.I am making it very clear that this Court is not rendering any
Crl.M.P.No.15480 of 2024 in Crl.O.P.No.3990 of 2024
finding on possession of the property. That is an exercise exclusive to the trial Court to examine. Now, after investigation, the 4th respondent had filed a final report before the learned Judicial Magistrate – V, Salem. The same had been taken cognizance as C.C.No.1000 of 2024. The burden is on the petitioner to tender proper evidence before the trial Court and the onus is on the respondents to test every evidence produced before the Court. Let the trial proceed. Both the sides had filed affidavits. They are part of the record. But since the Calendar Case is now under active consideration before the learned Judicial Magistrate – V, Salem, it would only be prudent that this Court does not observe anything on the various issues argued before the Court or stated in the affidavits before the Court.
4.With the above observations, this Criminal Miscellaneous Petition stands dismissed.
06.12.2024
smv
Crl.M.P.No.15480 of 2024 in Crl.O.P.No.3990 of 2024
C.V.KARTHIKEYAN. J.
smv
To
Crl.M.P.No.15480 of 2024 in Crl.O.P.No.3990 of 2024
06.12.2024
2 issues framed by the court
Whether to cancel the anticipatory bail granted to the respondents.
Whether to make findings on the issue of possession of the property.
1 provisions across 1 enactments
Kirubalakshmi
Kumaravel
Amudha
Bharath
The State represented by The Inspector of Police, Ammapet Police Station, Salem City
C.V.KARTHIKEYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
