The petitioner, who is the defacto complainant in crime No.8 of 2016 on the file of the respondent police has come forward with the present petition for cancellation of anticipatory bail granted to the respondents 1 to 5/A2 to A6 in Crl.M.P.No.1910 of 2016 on the file of the Principal Sessions Judge, Theni.
2.This Court, vide order dated 29.08.2016 made in Crl.O.P.(MD) No.15780 of 2016, has granted interim anticipatory bail to the respondents 1 to 5/A2 to A6, when the petition enquiry was pending, stating that if case has been registered against the petitioners therein, the interim order would become infructuous and the petitioners could apply for fresh anticipatory bail. Subsequently, the respondents 1 to 5/A2 to A6 have gone before the lower Court and filed fresh anticipatory bail application and obtained an order of anticipatory bail. Aggrieved against the said order, the present petitioner has come forward with the application for cancellation of anticipatory bail, stating that when the anticipatory bail petition is pending before the High Court, the respondents 1 to 5/A2 to A6 obtained an order of anticipatory bail.
3.On a perusal of the records, it is seen that when the matter came up before this Court, the learned Government Advocate (criminal) has not brought to the knowledge of this Court that first information report has been registered against the respondents 1 to 5/A2 to A6 and even this Court has specifically stated that if the regular first information report is registered, the petitioners can move for fresh anticipatory bail and that petition would automatically become infructuous.
4.Considering the above facts and circumstances of this Court, I am of the view that the petitioner has rightly approached the lower Court for fresh anticipatory bail and this Court does not find any reason to interfere with the order passed by the trial Court.
5.Accordingly, this criminal original petition is dismissed.
To
1.The Principal and Sessions Judge, Theni.
2.The Sub Inspector of Police, All Women Police Station, Bodinaickanoor, Theni District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai..