Sasikumar vs M.Murugan - 2026 Supreme(Online)(Mad) 26371

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2026 Supreme(Online)(Mad) 26371

IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.KUMARAPPAN, J
Sasikumar – Appellant
Versus
M.Murugan – Respondent
Criminal Original Petition | Crime No.9 of 2025 | CMP No.479 of 2025

Important Points

Bail cancellation petition dismissed; liberty granted to approach trial court first.

Subject

Criminal - Bail Cancellation

Act Referred

Cr.P.C.: S.439(2)
Bharatiya Nagarik Suraksha Sanhita, 2023: S.483

Headnote

The petition under Section 439(2) Cr.P.C. and Section 483(3) Bharatiya Nagarik Suraksha Sanhita, 2023 seeks cancellation of bail granted by Magistrate in CMP No.479/2025. Petitioner alleges first respondent is harassing witnesses and preventing their deposition. Court notes no prior application for cancellation filed before the Magistrate. Issue framed: Whether bail cancellation warranted due to alleged witness harassment absent prior Magistrate application. Ratio: High Court directs petitioner to approach Magistrate first, as no application filed below; Magistrate to decide on merits. Petition disposed granting liberty to file application before Magistrate for bail cancellation.

Advocates:
For the Appellants/Petitioners: Mr.J.Saravana Vel
For the Respondents:Mr.D.Senthilkumar (for R1), Mr.P.Dhileepan, Government Advocate (Crl.Side) (for R2 to R4)

Table of Content
1. petition seeks bail cancellation for first respondent. (Para 1)
2. no prior bail cancellation application filed below. (Para 2 , 3)
3. directs approach to magistrate for cancellation. (Para 4)

ORDER

The present Criminal Original Petition has been filed seeking cancellation of the bail granted to the first respondent by the learned Judicial Magistrate No.III, Tirupattur, in C.M.P.No.479 of 2025, dated 04.03.2025.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The only allegation raised for cancellation of bail is that the first respondent is allegedly harassing the witnesses and preventing them from deposing before the Court below. However, the learned counsel for the petitioner fairly submitted that no application for cancellation of bail has so far been filed before the Court below.

4. Hence, taking into consideration the above circumstances, and also the fact that no application for cancellation of bail has been filed before the learned Judicial Magistrate, this Court is of the firm view that this petition can be disposed of by granting liberty to the petitioner to approach the concerned Magistrate by filing an appropriate application for cancellation of bail. If any such application is filed, the learned Judicial Magistrate No.III, Tirupattur, is directed to dispose of the same on its own merits and in accordance with law.

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