Disposed

K.Abirami v. Sharma

Madras HC3 Jun 2024CRL MP(MD)/586/2024

Case brief

AI extract

What is this about?

The Madurai Bench dismissed a petition seeking cancellation of anticipatory bail granted to six respondents. The court held that non-return of gold jewels alleged to be in the respondent's possession is not a ground for cancellation and directed the investigation officer to file a report.

What did the court decide?

Petition dismissed; direction issued to Investigating Officer to file final report.

K.Abirami Vs Sharma — Writ and Judicial Review | Madras HC (2024)

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Crl.M.P(MD)No.586 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Third day of June Two Thousand and Twenty Four

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PRESENT

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The Hon`ble Mr.Justice G.ILANGOVAN CRL MP(MD) No.586 of 2024 IN CRL OP(MD) No.19735 of 2023

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K.ABIRAMI ... PETITIONER/INTERVENER Vs 1 SHARMA 2 M.SIVA

3 SARATHAMBAL

4 STALIN

5 SHEELARANI

6 LOGANATHAN

... RESPONDENTS 1 TO 6/PETITIONERS 1 TO 6

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7 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MUSIRI,TRICHY DISTRICT, CRIME NO.30/2023 ... 7^th RESPONDENT/RESPONDENT

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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 respondents 1 to 6 in Crl.OP(MD)No.19735/2023 dated 08.12.2023.

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Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.T.LENINKUMAR, Advocate for the petitioner and of Mr.R.SURESH KUMAR, Government Advocate(crl.side) on behalf of the 7^th Respondent and

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

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Crl.M.P(MD)No.586 of 2024

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Mr.R.MURUGAN, Advocate for the Respondents No.1 to 6, the court made the following order:-

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This petition has been filed seeking cancellation of Anticipatory Bail granted to the first respondent on the ground that the first respondent is not returning 30 sovereigns of gold jewel to the petitioner, which belongs to her. On that ground, a direction was issued to the Investigation Officer to conduct investigation and file a report.

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The Investigation Officer is present before this Court and stated that inspite of enquiry made, she could not ascertain the availability or non-availability of the jewels. According to the petitioner, she stated in her statement that the gold jewels were kept in a suitcase in the house when she left the matrimonial home.

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This Court cannot go into the matter. The petitioner can very well recover the gold jewels alleged to have been in the hands of the first respondent through proper proceedings. Cancellation of anticipatory bail, on the above said ground is not permissible. The petitioner is at liberty to initiate proceedings.

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Another request made by the petitioner is that a direction may be issued to https://www.mhc.tn.gov.in/judis

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Crl.M.P(MD)No.586 of 2024

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the Investigation Officer to investigate the matter and file the final report in a short time.

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The investigation officer is directed to file the final report before the concerned Court as early as possible.

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With the above direction, this Criminal Miscellaneous Petition is disposed of.

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sd/03/06/2024

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/ TRUE COPY /

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/06/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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1 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MUSIRI,TRICHY DISTRICT.

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2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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+1 CC to M/s.R.MURUGAN, Advocate ( SR-6068[I] dated 03/06/2024 )

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

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Crl.M.P(MD)No.586 of 2024

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ORDER IN Crl.M.P(MD)No.586 of 2024 in Crl.O.P(MD)No.19735 of 2023 Date :03/06/2024

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RK/VR (07/06/2024) 4P / 4C

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

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

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K.Abirami v. Sharma

Case brief

What is this about?

What did the court decide?

K.Abirami v. Sharma

Case brief

What is this about?

What did the court decide?

What the court decided

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