Dhanam Manohar Vs K.Sanjay

PRAYER : Criminal Original Petition filed under Section 483(3) of Bharatiya Nagarik Suraksha Sanhita, 2023, to cancel the bail granted by the learned Judicial Magistrate, Ambattur in Crl.MP.No.1276 of 2025, dated 07.08.2025.

¶13

For Petitioner(s):

¶14

Mr.S.Kathiravan

¶15

For Respondent(s):

¶16

M/s.J.R. Archana Government Advocate (Crl.side) for R2

¶17

Page 1 of 7

¶18

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

¶19

ORDER

¶20

This petition has been filed by the defacto complainant seeking cancellation of bail passed by the learned Judicial Magistrate, Ambattur in Crl.MP.No.1276 of 2025 dated 07.08.2025.

¶21

The first respondent is alleged to have been involved in attacking the defacto complainant with deadly weapons, causing severe injuries and to have abused and also criminally intimidated her. Based on the said allegations, a complaint was lodged on 05.08.2025, pursuant to which the first respondent was arrested and remanded to judicial custody. He was subsequently released on bail on 07.08.2025. He further submitted that, after his release on bail, the first respondent has been continuously threatening and harassing the defacto complainant. It is further submitted that the respondent frequently visits the vicinity of the complainant’s residence and causes intimidation, thereby creating a sense of fear and insecurity. He further submitted that on 10.09.2025, when the defacto complainant and her daughter were walking on the road, the first respondent threatened with him with knife and abused them. In this

¶22

Page 2 of 7

¶23

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

¶24

regard, a separate complaint was lodged, which was forwarded to the concerned jurisdictional police and taken on file as a current paper for conducting the investigation. He further submitted that, in view of the pendency of the present petition seeking cancellation of bail, the respondent police have proceeded effectively with the enquiry in the said complaint and have closed the complaint. He further submitted that the petitioner and her family members are facing continuous intimidation and humiliation at the hands of the first respondent and unless the bail granted to him is cancelled, there is a likelihood of escalation of the situation. Hence, the petitioner seeks cancellation of bail granted to the first respondent.

¶25

The learned Government Advocate (Crl.Side) submitted, upon the complaint lodged by the petitioner, the first respondent was arrested on 05.08.2025 and remanded to judicial custody. Thereafter, he was released on bail. He further submitted that subsequently, the first respondent was involved in another offence in Crime No.58 of 2025 dated 28.08.2025. He further submitted that adequate security measures have been taken to protect the petitioner, including regular police surveillance. However, in

¶26

Page 3 of 7

¶27

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

¶28

view of the subsequent conduct of the first respondent and the allegations of continued intimidation, this Court may consider the request for cancellation of bail.

¶29

Despite service of notice, the first respondent has neither appeared before this Court nor engaged counsel to contest the petition.

¶30

On perusal of the records and other connected materials, it is evident that the first respondent was initially involved in a serious offence involving assault with a deadly weapon. After being released on bail, there are specific allegations that he has continued to threaten and harass the defacto complainant. It further reveals that a subsequent complaint dated 10.09.2025, has been registered as Current Paper entry, wherein the petitioner has alleged that the first respondent again threatened her with a knife in a public place. Though the complaint has not culminated in registration of an FIR, the allegations are serious in nature and indicate a continuing pattern of intimidation.

¶31

It is also brought to the notice of this Court that the first respondent is involved in another criminal case in Crime No.58 of 2025, which

¶32

Page 4 of 7

¶33

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

¶34

further reveals his antecedents and conduct.

¶35

This Court is of the considered view that the conduct of the first respondent after grant of bail is a relevant factor for cancellation of bail. The repeated acts of intimidation and the apprehension expressed by the petitioner regarding her safety cannot be brushed aside. Mere imposition of conditions is not sufficient in the present case, as the materials indicate that the first respondent has not adhered to the discipline expected while on bail.

¶36

In view of the above circumstances, this Court finds that there are sufficient grounds to cancel the bail granted to the first respondent.

¶37

Accordingly, the bail granted to the first respondent by order dated 07.08.2025 is hereby cancelled.

¶38

The first respondent is directed to surrender before the concerned Court forthwith, failing which the jurisdictional police are directed to secure him and commit him to judicial custody. The respondent police are further directed to provide adequate protection to the petitioner and

¶39

Page 5 of 7

¶40

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

¶41

her family members, if required.

¶42

09-12-2025

¶43

drl

¶44

To