Vengadesan v. Santhosh Raja

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Sixteenth day of March Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL MISCELLANEOUS PETITION No.1574 of 2022 IN CRL OP.18349/2021 VENGADESAN [ PETITIONER/DEFACTO COMPLAINANT ] Vs 1 SANTHOSH RAJA [ RESPONDENT/PETITIONER/ACCUSED ] 2 STATE REP BY [RESPONDENT/COMPLAINANT] THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, VILLUPURAM.

(CRIME NO.25/2021) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Cancellation of Anticipatory bail granted to the respondent dated 01.10.2021 in Crl.OP.18439/2019 by this Hon'ble Court and pass such or other suitable and appropriate orders and thus render justice. Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S U.DEVASANATHIPATHI, Advocate for the petitioner and of MR.K.RAJA, Advocate for 1st Respondent and of MR.S.UDAYAKUMAR, Govt. Advocate ( Crl. Side) for 2nd Respondent the court made the following order:- The Petitioner/defacto complainant has filed this petition seeking to cancel the anticipatory bail granted to the petitioner in Crl.OP.No.18349 of 2021 dated 01.10.2021 by this Court. 2.Heard, the learned Counsel appearing for the petitioner/defacto complainant as well as the learned Government Advocate.

3. When the matter is taken up for hearing, the learned counsel for the petitioner/defacto complainant submitted that this Court, vide order dated 01.10.2021 in Crl.OP.No.18349 of 2021, granted anticipatory bail to the petitioner therein/accused with certain

conditions and one of the condition is that the petitioner shall deposit a sum of Rs.7,48,000/- to the credit of Crime No.25/2021 before the concerned Court within a period of two weeks from the date of receipt of the order. The learned counsel further submitted that till date, the accused person has not paid any money. Hence, the learned counsel for the petitioner/defacto complainant has filed the present petition to cancel the anticipatory bail to the petitioner.

4. On 01.10.2021, this Court, while granting anticipatory bail to the first respondent herein/petitioner therein/accused with certain conditions and the first respondent has also submitted that he is ready and willing to pay a sum of Rs.7,48,000/- to the defacto complainant. But the first respondent has not been complied with the said condition imposed by this Court, till date. Considering the facts and circumstances of the case and also of the fact that the condition imposed by this Court towards the first respondent herein/accused is not complied with and the submission made by the learned counsel for the petitioner, this Court is inclined to cancel the anticipatory bail to the first respondent and accordingly, this Criminal Miscellaneous Petition is ordered.

-sd/- 16/03/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.I, TINDIVANAM, VILLUPURAM DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, VILLUPURAM DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE SECTION OFFICER, CRIMINAL SECTION, HIGH COURT, MADRAS.

+1C.C. to M/S U.DEVASANATHIPATHI Advocate on payment of necessary charges SR.No.4074 Order in CRL MP.1574/2022 in CRL OP.18349/2021 Date :16/03/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format CSK 24/03/2022