Madras High Court
H.Saranya vs Inspector Of Police on 15 June, 2022
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.M.P.No.5599 of 2022
in Crl.O.P.No. 3434 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.06.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.M.P.No.5599 of 2022
in
Crl.O.P.No.3434 of 2022
H.Saranya,
D/o.N.Hari Hara Subramanian.
.. Petitioner
Vs.
1. Inspector of Police, (W26-A WPS)
Ashok Nagar Police Station,
2nd Avenue, Raghavan Colony,
Ashok Nagar, Chennai,
Tamil Nadu, Pin code 600 083.
2. Mr.Siddarth Siva,
S/o.Ravi Natarajan.
3. Mr.Raja Natarajan,
S/o.Natarajan.
.. Respondents
Prayer : The Petition is filed under Section 439(2) of the Code of Criminal
Procedure, to cancel the Anticipatory bail granted to the respondents/accused
vide order dated 16.02.2022 passed by this Hon'ble Court in the
Crl.O.P.No.3434 of 2022.
https://www.mhc.tn.gov.in/judis
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Crl.M.P.No.5599 of 2022
in Crl.O.P.No. 3434 of 2022
For Petitioner : Mr.S.Kathiravan.
For Respondent : Mr.A.Gopinath
Government Advocate (Crl.Side)
ORDER
This petition has been filed to cancel the Anticipatory Bail granted to the respondents 2 and 3 herein in Crl.O.P.No.3434 of 2022.
2. The petitioner is the wife of the second respondent herein. She lodged a complaint before the first respondent and the same was not considered. Thereafter, she filed a complaint petition before the learned XVII Metropolitan Magistrate, Saidapet for the direction under 156(3) of Code of Criminal Procedure. The learned Magistrate directed the first respondent to register the case in Crime No.10/2021 for the offences under Sections 406, 420 and 498(A) of IPC. During the pendency of the FIR, respondents 3 and 4 filed an Anticipatory Bail petition in Crl.O.P.No.3434 of 2022 in this Court. The allegation in the FIR are that the respondents 2 and 3 caused mental and physical cruelty to the petitioner/de facto complainant and also there was unlawful money demand by cheating and using petitioner/de facto complainant for availing personal loan and car loan in the name of the first accused/second https://www.mhc.tn.gov.in/judis 2/5 Crl.M.P.No.5599 of 2022 in Crl.O.P.No. 3434 of 2022 respondent, thereby, misappropriating money to the tune of Rs.48,40,000/- (Rupees Forty Eight Lakhs and Forty Thousand Only). After purchasing the said property, the first accused jested petitioner/de facto complainant and went away from the matrimonial house. Considering the view of such allegation this Court granted Anticipatory Bail to the respondents 2 and 3 herein on condition that they shall report before the respondent police daily at 10.00 a.m., for a period of 30 days and thereafter as and when required for interrogation.
3. The learned counsel for the petitioner would submit that they misrepresented before this Court as if said amount was transferred from the account of the first accused in favour of the de facto complainant. That apart, the learned counsel further submits that the name of the second respondent and name of the third respondent were wrongly mentioned in the Anticipatory Bail petition. Therefore Anticipatory Bail given to the respondents 2 and 3 is liable to be cancelled.
5. On perusal of the FIR registered in Crime No.10 of 2021, there are two accused. The respondents 2 and 3 are arrayed as A1 and A2 and their names mentioned as Siddarth, S/o.Raja @ Siva and Raja @ Siva, S/o.Natarajan. https://www.mhc.tn.gov.in/judis 3/5 Crl.M.P.No.5599 of 2022 in Crl.O.P.No. 3434 of 2022 The respondents 2 and 3 mentioned their names as per the FIR and filed Anticipatory Bail petition in Crl.O.P.No.3434 of 2022. That apart, the conditions imposed on them while granting Anticipatory Bail were duly complied with. Even assuming that respondents 2 and 3 wrongly mentioned their name in the Anticipatory Bail petition, it does not mean that they faked their identity and acquired Anticipatory Bail.
5. Therefore, this Court finds no ground to cancel the Anticipatory Bail granted to the respondents 2 and 3 and this petition is liable to be dismissed. Accordingly, this Petition is dismissed.
15.06.2022
Internet : Yes
Index : Yes/No
Speaking/Non Speaking order
nsa
To
The Inspector of Police, (W26-A WPS)
Ashok Nagar Police Station,
2nd Avenue, Raghavan Colony,
Ashok Nagar, Chennai,
Tamil Nadu, Pin code 600 083.
https://www.mhc.tn.gov.in/judis
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Crl.M.P.No.5599 of 2022
in Crl.O.P.No. 3434 of 2022
G.K.ILANTHIRAIYAN, J.
nsa
Crl.M.P.No.5599 of 2022
in
Crl.O.P.No.3434 of 2022
15.06.2022
https://www.mhc.tn.gov.in/judis
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