Against the dismissal order passed by the learned Principal Sessions Judge, Salem in C.M.P.No.3337 of 2016 in C.M.P.No.2513 of 2016, this Criminal Revision has been preferred by the petitioners.
2. At the instance of the first petitioner, a case in Crime No.101 of 2016 had been registered against the respondents 2 to 4 herein for an offence under Sections 294(b), 506(ii) of IPC and Section 3 of TNPPDL Act, 1992. An anticipatory bail was granted to the respondents 2 to 4 by the learned Principal Sessions Judge, Salem in C.M.P.No.2513 of 2016. Thereafter, it is alleged that the respondents 2 to 4 herein had tress passed into the agricultural land of the second petitioner and damaged the crops. Hence, another complaint had been lodged by the second petitioner and based on the same a case came to be registered in Crime No.113 of 2016. Even thereafter, the respondents 2 to 4 involved in tress passing the land and also threatened the petitioners, the petitioners along with others filed a petition to cancel the anticipatory bail granted to them. The trial court after perusing the materials, dismissed the said petition. Aggrieved over the same, the present Criminal Revision had been filed.
3. I have heard Mr.D.Venkatachalam, learned counsel appearing for the petitioners and Mr.R.Ravichandran, learned Government Advocate appearing for the first respondent.
4. Learned Government Advocate appearing for the respondents would submit that the complaint given by the second petitioner in Crime No.113 of 2016 had been enquired into and the same has been closed as mistake of fact.
5. Considering the submissions made by the learned Government Advocate that the complaint lodged by the second petitioner had been closed as mistake of fact and in view of the fact that the allegation made by the petitioners cannot considered to be a ground to cancell the bail. In the above circumstances, I do not find any illegality or infirmity in the order passed by the Court below. Hence, this Criminal Revision Case is dismissed.
20.03.2017
Index : Yes/No Internet : Yes/No smi To
1. The Sub-Inspector of Police, Panamarathupatti Police Station, Salem District.
2. The Public Prosecutor, High Court, Madras.
V.BHARATHIDASAN, J.
smi Crl.R.C.No.267 of 2017 20.03.2017 http://www.judis.nic.in