R.Hari, Aged 47 Years, v. State:
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.09.2018
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.21264 of 2018 R.Hari ... Petitioner Vs.
1.State: rep. by The Inspector of Police, Central Crime Branch, Team-II, Chennai.
2.Chellammal ... Respondents Prayer:
Petition filed under Section 439(2) of Cr.P.C., praying to cancel the anticipatory bail granted by this Hon'ble Court in favour of the second respondent in Crl.O.P.No.22354 of 2017 dated 16.11.2017 in connection with Crime No.58 of 2017 on the file of Inspector of Police, Central Crime Branch, TeamII, Chennai. For Petitioner : Mr.K.S.Arumugam For Respondents : Mr.C.Iyyapparaj for R1 Additional Public Prosecutor No Appearance for R2
O R D E R
The petitioner has filed this petition seeking to cancel the anticipatory bail granted by this Court in favour of the second respondent in Crl.O.P.No.22354 of 2017 dated 16.11.2017 in connection with Crime No.58 of 2017 on the file of the first respondent. 2.The case of the prosecution is that the second respondent is arrayed as A2. It is alleged that A3 and A4 created bogus document and appointed A2 as power agent and she sold the property to A1, who in turn, sold the property to the defacto complainant and thereby cheated him. 3.The learned counsel appearing for the petitioner would submit that this Court while granting anticipatory bail to the second respondent specifically directed the second respondent to report before respondent police, however, the second respondent did not comply with the said condition.
Accordingly, he prayed for cancellation of the anticipatory bail granted to the second respondent. 4.The learned Additional Public Prosecutor appearing for the first respondent would submit that the second respondent did not appear before the respondent police as directed by this Court. 5.
second respondent.
6.Considering the fact that the specific direction issued by this Court has not been complied with by the second respondent, this Court is inclined to entertain this petition. 7.Accordingly, this criminal original petition is allowed. The anticipatory bail granted vide order dated 16.11.2017 in Crl.O.P.No.22354 of 2017 is vacated in so far as the second respondent is concerned.
25.09.2018 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.The Inspector of Police, Central Crime Branch, Team-II, Chennai.
2.The Public Prosecutor, High Court of Madras, Chennai 600 104.
M.DHANDAPANI,J.
pri Crl.O.P.No.21264 of 2018
25.09.2018