P.Devanadhan v. M.Arumugha Selvi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.3782 of 2020 P.Devanadhan ... Petitioner Vs.

1. M.Arumugha Selvi

2. Mohammed Kazali

3. Ranjitha

4. State Rep. By The Inspector of Police (Crime) K-11, Koyembedu CMBT Police Station, Koyembedu, Chennai - 600 107.

Crime No. 538 of 2019.

... Respondents PRAYER: Criminal Original Petition is filed under Section 439

(2) of the Code of Criminal Procedure, to cancel the anticipatory bail granted to the respondents 1 to 3 in Crl.O.P.No.17775 of 2019 by its order dated 23.07.2019 in Crime No.358 of 2019 pending investigation on the file of the fourth respondent police, K-11, Koyembedu CMBT Police Station, (Crime) Chennai - 600 107.

For Petitioner : Mr. B.B.Sendhil Kumar For Respondents : Mr.L.Charles Premkumar (for R4) Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to cancel the anticipatory bail granted to the respondents 1 to 3 in Crl.O.P.No.17775 of 2019 by its order dated 23.07.2019 in Crime No.358 of 2019 pending investigation on the file of the fourth respondent.

2. Heard Mr.B.B.Senthil Kumar, learned counsel appearing for the petitioner and Mr.L.Charles Premkumar, learned Government Advocate (Crl.Side) appearing for the fourth respondent.

3. The respondents 1 to 3 are A1 to A3 in crime No.358 of 2019 on the file of the fourth respondent registered for the offences under Sections 406, 420 r/w 506(1) of IPC alleging that the accused persons have assured the defacto complainant to settle him abroad in a suitable job and received a sum of Rs.4,59,000/- (Rupees Four Lakhs and Fifty Nine thousand) and thereafter, the accused persons failed to arrange any job and also refused to return the said amount.

4. Considering the above facts and circumstances, this Court has granted anticipatory bail to them and on condition that the respondents 1 to 3 to deposit a sum of Rs.3,00,000/- (Rupees Three Lakhs only) within a period of two weeks from the date of receipt of a copy of this order. Thereafter, the respondents 1 to 3 even till today, did not surrender before the concerned Court and did not deposit any amount as directed by this Court.

5. The learned Government Advocate (Crl.Side) appearing for the fourth respondent has submitted that even till today they have not surrendered and did not deposit any amount as directed by this Court and also did not execute any sureties in pursuance of the anticipatory bail granted by this Court.

6. Considering the facts and circumstances of the case and the submissions made by the Government Advocate (Crl.Side), this Court is inclined to cancel the anticipatory bail granted to respondents 1 to 3 in Crime No.358 of 2019. The fourth respondent is directed to secure A1 to A3 and proceed in accordance with law.

7. With the above directions, this Criminal Original Petition is allowed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ebsi

To

1. The Inspector of Police (Crime) K-11, Koyembedu CMBT Police Station, Koyembedu, Chennai - 600 107.

2. The Public Prosecutor, High Court, Madras.

+1cc to M/s.B.B.Senthilkumar, Advocate, Sr.No.20461 Crl.O.P.No. 3782 of 2020 RK(CO) Jas/29/05/2020