Madras High Court
Julianthangaraj vs Jesumuthukumar on 29 November, 2023
Author: V. Sivagnanam
Bench: V. Sivagnanam
CRL OP(MD). No.17448 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 29/11/2023
CORAM
The Hon`ble Mr.Justice V. SIVAGNANAM
CRL OP(MD). No.17448 of 2023
Julianthangaraj .. Petitioner/defacto complainant
Vs
1.Jesumuthukumar
2.Franklin
3.Gnana jegan
4.George
5.Edmond
6.State through
Inspector of Police
Panagudi Police Station,
Tirunelveli District.
Crime No.14 of 2023 .. 6th respondent
PRAYER :-
This Criminal Original Petition is filed under
Section 439(2) r/w. 482 Cr.P.C., to cancel the
anticipatory bail granted by the Principal Sessions
Judge, Thirunelvlei in Crl.M.P.No.4428 of 2023, dated
06.04.2023 to respondents 1 to 5 herein in Crime No.
145 of 2023 on the file of the 6th respondent police.
For petitioner : Mr. C.T.Perumal
For respondents : Mr.RMS.Sethuraman
Additional Public Prosecutor
1/5
https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.17448 of 2023
ORDER
This Criminal Original Petition has been filed
to cancel the anticipatory bail granted by the
Principal Sessions Judge, Thirunelvlei in Crl.M.P.No.
4428 of 2023, dated 06.04.2023 to the respondents
1 to 5 herein in Crime No.145 of 2023 on the file of
the 6th respondent police.
2. The learned counsel appearing for the
petitioner submitted that the respondents 1 to 5 have
not complied the condition imposed by the Court
below even for a single day and the first respondent
is practising as Advocate and using his position he
is now influencing the prosecution witnesses to
backtrack their statements made in support of the
prosecution and hence, he prays for cancellation of
anticipatory bail granted to them.
3. The learned Additional Public Prosecutor
appearing for the 6th respondent would submit that the
investigation in this case has already been completed
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and the charge sheet was filed before the Judicial
Magistrate, Valliyoor and the case is posted for
hearing on 02.01.2024.
4. In view of the Judgments 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.
5. Therefore, the grounds stated in the
petition does not made the parameter laid down by the
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Hon'ble Supreme Court. Hence, this Criminal Original
Petition is dismissed.
29.11.2023
Index : Yes / No
Internet : Yes / No
TRP
TO
1. The Principal Sessions Judge, Thirunelvlei
2. The Inspector of Police,
Cyber Crime Police Station,
Madurai.
Crime No.04/2023..
3. The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
V. SIVAGNANAM,J
TRP
ORDER
IN
Date : 29/11/2023
https://www.mhc.tn.gov.in/judis
