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Madras High CourtCRL MP/779/2023dismissed

Kaja Hussain v. The State Rep By Its,

2023-02-27Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI,J.

Today, this matter is listed under the caption, "for cancellation of bail"

2.The learned counsel for the petitioner submits that there are more than 3000 grams of gold involved in this case but the second and third respondents are not yet returned the entire gold articles. Hence, she prayed for cancellation of bail against the second and third respondents. 3.The learned Government Advocate (Crl.Side) appearing for the first respondent submits that as per the earlier dated 06.12.2022 the second and third respondents complying the order. Hence, he opposed for cancellation of bail to the second and third respondents.

4.The learned counsel appearing for the second and third respondents submitted that the petitioner has not produced any documents to prove that

he had given 3,306 grams of gold to the second and third respondents. He further submitted that second and third respondents have complying the order passed by this Court dated 06.12.2022. Hence, he prayed to dismiss this petition.

5.Heard learned counsel for the petitioner, learned Government Advocate (Crl.Side) appearing for the first respondent and Mr.M.Guruprasad, learned counsel appearing for the second and third respondents.

6. According to the petitioner, A1 is the main person who received 3,306 grams of gold from the de-facto complainant/petitioner herein and he is running a jewellery manufacturing unit in the name and style of "V-Gold". A1 is the close relatives of second and third respondents. The learned counsel for the petitioner submits that so far 182 grams of gold recovered from the accused but more than one kg of gold is involved in this case.

7.The petitioner has not produced any documents to prove that he had given gold to the second and third respondents and as per the order passed by this Court dated 06.12.2022, the second and third respondent have complying the conditions.

8.In view of the same, this Court is not inclined to grant this petition. Hence, this Criminal Miscellaneous Petition is dismissed. 27.02.2023 dk

T.V.THAMILSELVI, J.

dk Crl.O.P.No.27960 of 2022 27.02.2023