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Madras High CourtCRL MP/2079/2022allowed

Anitha v. Ramesh

2022-03-11Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Eleventh day of March Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL MISCELLANEOUS PETITION No.2079 of 2022 IN CRL OP.16518/2021 ANITHA [PETITIONER/DEFACTO COMPLAINANT] Vs 1 RAMESH [RESPONDENTS 1 TO 9/PETITIONERS 2 EZHILARASAN /ACCUSED 1-9 ] 3 MUNIBABU 4 PRAVEEN KUMAR 5 FRANCIS 6 MUNUSAMY 7 MANJULA 8 NAGAMMAL 9 REVATHY 10 STATE REP BY [RESPONDENT 10/RESPONDENT] INSPECTOR OF POLICE, SHOLAVARAM POLICE STATION, THIRUVALLUR DISTRICT.

Petition praying that in the circumstances stated therein the High Court will be pleased to cancel the order of Bail granted to the respondents 1 to 9 in Crl.OP.No.16518 of 2021 on 14.09.2021. Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.K.VENKATESWARAN, Advocate for the petitioner and of MR.S.UDHYAKUMAR, Govt.Advocate (Crl. Side) on behalf of the Respondent the court made the following order:- The Petitioner/defacto complainant has filed this petition seeking to cancel the anticipatory bail granted to the petitioners in Crl.OP.No.16518 of 2021 dated 14.09.2021 by this Court. 2.Heard, the learned Counsel appearing for the petitioner/defacto complainant as well as the learned Government Advocate.

3. Today, when the matter is taken up for hearing, the learned counsel for the petitioner/defacto complainant submitted that this Court, vide order dated 14.09.2021 in Crl.OP.No.2079 of 2022, granted anticipatory bail to the petitioners with certain conditions and one of the condition is that the petitioners shall plant 500 native trees of Alamathy Village in the areas earmarked by the forest authorities concerned within a period of two weeks and produce a proof at the time of furnishing the sureties. The learned counsel further submitted that till date, the accused persons have not complied with the said condition. Hence, the learned counsel for the petitioner/defacto complainant has filed the present petition to cancel the anticipatory bail to the petitioners.

4. On 14.09.2021, while hearing the case, the learned counsel for the petitioners therein submitted that on instructions from the petitioners/accused, on their own volition, they are ready to plant 500 native trees of Alamathy Village within a period of two weeks. This Court also granted anticipatory bail to the respondents 1 to 9/petitioners therein/accused with the afore said condition. But the respondents 1 to 9/petitioners therein/accused have not been complied with the said condition imposed by this Court. Considering the facts and circumstances of the case and the submission of the learned counsel for the petitioner and the accused persons have not complied with the condition imposed by this Court , this Court is inclined to cancel the anticipatory bail to them and accordingly, this Criminal Miscellaneous Petition is allowed.

-sd/- 11/03/2022 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.II, PONNERI 2 THE CHIEF JUDICIAL MAGISTRATE TIRUVALLUR(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 INSPECTOR OF POLICE, SHOLAVARAM POLICE STATION, THIRUVALLUR DISTRICT.

C.C. to M/S.K.VENKATESWARAN Advocate on payment of necessary charges Sr.3814 Order in CRL MP.2079/2022 in CRL OP.16518/2021 Date :11/03/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RVR 24/03/2022