V. Bharathidasan,J. - (1.) This Criminal Original Petition has been filed challenging the order passed by the learned Principal Sessions Judge, Madurai, granting anticipatory bail to the respondents 1 to 3 herein.
(2.) The case of the petitioner is as follows: The petitioner and the first respondent herein are sisters. Their father was suffering from cancer and he was admitted in the Apollo Hospital, Madurai, from 11.12.2016 for treatment. At that time, the respondents 1 to 3 took their father to the District Registrar Office, Y. Othakadai, Madurai, on 28.12.2016 and got three Wills executed in favour of the first and third respondents, and also in favour of the mother of the petitioner herein. Since the above Wills have been obtained fraudulently, after the death of her father, on 10.01.2017, the petitioner has preferred a complaint before the Director General of Police and also the District Registrar. When the petitioner's complaint was not registered by the police, the petitioner filed a petition before this Court in Crl. O.P. (MD) No. 13372 of 2017 under Section 482 of the Code of Criminal Procedure, seeking a direction to register a complaint, and this Court, by order dated 28.09.2017 in Crl. O.P. (MD) No. 13372 of 2017, directed the respondent police to register a complaint and investigate the same in accordance with law. Challenging the said order, the respondents 1 to 3 herein have filed a Special Leave Petition before the Hon'ble Supreme Court in S.L.P. No. 8146 of 2017. The Hon'ble Supreme Court, by order dated 01.03.2019, disposed of the Special Leave Petition, however, the Hon'ble Supreme Court directed the police not to take any coercive steps against the respondents 1 to 3 herein for two weeks from 01.03.2019. Thereafter, the respondents 1 to 3 filed an anticipatory bail application before the Principal Sessions Court, Madurai, and the Court below also granted anticipatory bail to them.
(3.) The further case of the petitioner is that, the order passed by this Court in Crl. O.P. (MD) No. 13372 of 2017 has merged with the order passed by the Hon'ble Supreme Court and hence, the respondents 1 to 3 should necessarily surrender before the Hon'ble Supreme Court and obtain a bail. The learned Principal Sessions Judge, Madurai, has no jurisdiction to entertain the anticipatory bail application and grant advance bail to them. In the above circumstances, challenging the same, the present petition has been filed.;