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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

Wednesday, the Sixth day of April Two Thousand and Twenty Two

PRESENT

The Hon`ble Mr.Justice B.PUGALENDHI

CRL MP(MD) No.11292 of 2021

IN

CRL OP(MD) No.15614 of 2021

EVANGLINE JAYACHITHRA

... PETITIONER/DEFACTOR

COMPLAINANT

Vs

1. STATE REP.BY

THE INSPECTOR OF POLICE,

AIRPORT POLICE STATION,

TRICHY CITY, TRICHY.

(CRIME NO.397/2021)

...1ST RESPONDENT/RESPONDENT/

COMPLAINANT

2. Fr. SAVARIAPPAN

3. MARY STELLA

...2^nd & 3^rd RESPONDENTS/

PETITIONERS/ACCUSED NO.1 & 2

Petition filed praying that in the circumstances stated therein

and in the petition filed therewith the High Court may be pleased to

cancel the Anticipatory Bail granted by this Hon`ble Court Crl.O.P

(MD) No.15614 of 2021 dated 28.10.2021.

Order : This petition coming up for orders on this day, upon

perusing the petition filed in support thereof and upon hearing the

arguments of M/S.VADIVELAN T, Advocate for the petitioner and of

M/S.T.SENTHIL KUMAR, Additional Public Prosecutor for Respondent 1

and M/S.G.IRUDAYASAMY, for Intervenor (Respondents 2 and 3), the

court made the following order:-

This

miscellaneous

petition

is

filed

by

the

petitioner/ the de facto complainant in Crime No. 397 of 2021 on the

file of the respondent police to cancel the anticipatory bail

granted by this Court to accused Nos.2 and 3 in Crime No. 397 of

2021 on 28.10.2021 in Crl.O.P(MD)No.15614 of 2021.

2.The petitioner claiming to be the Secretary of a public

trust, lodged the complaint in Crime No.397 of 2021 on 20.09.2021

that on 20.09.2021 at about 9.00 am, one Manikandan claiming to be

the Manager of their building intimidated the petitioner and the

students studying in the trust. The petitioner orally complained of

https://hcservices.ecourts.gov.in/hcservices/

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the incident by dailing the police helpline number 100 and when the

police came to the spot, the said Manikandan was having the key of

the building and he only opened the class rooms. The complainant

alleged that the table, chairs, computers and other records were

missing. Hence by apprehending that the Manikandan committed the

offence at the instance of private respondents herein, she lodged

the above complaint before the respondent police. The respondent

Police treated the complaint as petitioner enquiry in CSR No.263 of

2021 on 20.09.2021 and thereafter registered the case in Crime

No.397 of 2021 on 24.09.2021 for the offences punishable under

Sections 294(b), 506(i), 427 and 380 IPC and under Section 4 of

the Tamil Nadu Prohibition of Harassment of Woman Act, 2002.

3.Apprehending arrest, the respondents 2 and 3 herein moved an

anticipatory bail application before this court in Crl.O.P(MD)

No.15615 of 2021, wherein this Court considering the facts and

circumstances of the case, the nature of allegtions levelled against

them and on the basis of the recovery of stolen articles, by order

dated 28.10.2021 granted anticipatory bail to the accused/

respondents 2 and 3.

4.According to the petitioner, the respondents 2 and 3 have once

again indulged in offene on 06.11.2021. For this incident, the

petitioner has lodged a complaint before respondent police on

06.11.2021 and the same is under enquiry in CSR No. 297 of 2021 on

the file of the respondent police.

5.Therefore, this miscellaneous petition has been filed by the

petitioner to cancel the anticipatory bail granted to the accused

respondents 2 and 3 on the ground that they have misused the liberty

and they indulged in further offence on 06.11.2021.

6.On receipt of notice of this application, the respondents 2

and 3 filed a counter affidavit stating that this petition is filed

only to harass them and to avoid vacating the respondent building.

7.According to the learned counsel to the respondents 2 and 3,

the third