M.Thanis Xavier Anandan Vs Karthick

Prayer:- Criminal Original Petition filed under Section 483(3) of BNSS Act, 2023, pleased to cancel the bail granted to the 1^st respondent in Crl.MP.No.3528 of 2024 dated 19.10.2024 by the Judicial Magistrate No.I, Poonamallee in Crime No.97 of 2024 on the file of the second respondent police.

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For Petitioner : Mr.N.Dineshkumar For Respondent : M/s.Sowjanya. S for for Mr.K.R.Sankar for R1 M/s.J.R.Archana Government Advocate (Crl. Side) for R2

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ORDER

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This Criminal Original Petition has been filed seeking cancellation of the

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bail order passed by the learned Judicial Magistrate No.I, Poonamallee, dated 19.10.2024.

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1/4

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

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Subsequent to the grant of bail, it is alleged that the first respondent

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herein threatened the defacto complainant with dire consequences. Pursuant to the said allegation, a separate complaint was lodged before the Vellavedu Police Station. On the strength of the said complaint and alleging violation of the bail conditions, a petition for cancellation of bail was filed before the concerned Judicial Magistrate in Crl.MP.No.165 of 2025. The learned Magistrate, after considering the merits of the case in detail, dismissed the cancellation of bail petition, holding that no sufficient grounds were made out for cancellation of bail.

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Without challenging the said dismissal order passed in Crl.MP.No.165 of 2025, the present petition has been filed as a fresh petition seeking cancellation of the original bail order granted by the Judicial Magistrate No.I, Poonamallee in Crl.MP.No.3528 of 2024. This Court is of the view that since the prayer for cancellation of bail had already been considered on merits and dismissed by the concerned Judicial Magistrate, it is not permissible to once again seek cancellation of the very same bail order before this Court.

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