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Madras High CourtCRL MP/4276/2025modified

Akurati Nagarjuna v. The State Rep By ,The Inspector Of Police

2025-04-30Honourable Mr Justice Sunder Mohan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.M.P.No.4276 of 2025 in Crl.O.P.No.20460 of 2024 Akurati Nagarjuna

...Petitioner/Accused

Vs.

State rep by 1.Inspector of Police, T-16, Semmancherry Police Station, Chennai.

2.R.Arumugam

...Respondents

PRAYER: This criminal original petition has been filed under Section 483

(3) BNSS, pleased to cancel the anticipatory bail granted to the second respondent herein in Crl.O.P.No.20460 of 2024, dated 29.08.2024. For Petitioner: Mr.R.Ramesh For R1 : M/s.J.R.Archana Government Advocate (Criminal side) For R2 : M/s.R.Krishnamurthy

ORDER

This instant petition has been filed seeking cancellation of the order granting anticipatory bail to the second respondent in Crl.O.P.No.20460 of Page No.1 of 6

2024.

2.The learned counsel for the petitioner submitted that this Court while granting anticipatory bail had directed the second respondent to deposit a sum of Rs.37,00,000/- to the credit of Crime No.133 of 2023 in four instalments within a period of eight weeks and that the petitioner herein/defacto-complainant was permitted to withdraw the same. 3.Though the summons was received by the second respondent he had not entered appearance. Hence this Court issued bailable warrant for the appearance of the second respondent. The second respondent appeared on 22.04.2025 and undertook to pay the entire amount directed to be paid by this Court within a period of three months. He further undertook to initially pay a sum of Rs.5,00,000/- by way of demand draft on or before 28.04.2025.

4.When the matter was taken up today the second respondent produced a demand draft for Rs.4,00,000/- and also filed an affidavit seeking time to pay the balance amount Rs.33,00,000/- in instalments within a period of 24 weeks.

Page No.2 of 6

5.Heard the learned counsel for the petitioner and the second respondent and perused the records.

6.Admittedly, the petitioner has not complied with the earlier directions of this Court. The second respondent would not normally be entitled to any relief as his bail is liable to be cancelled. However, considering the fact that the second respondent has now handed over a demand draft for Rs.4,00,000/- bearing No.958076 to the petitioner/defacto-complainant, which is also acknowledged by him, this Court grants further time to the second respondent to pay the balance amount in the following manner:- i)The petitioner shall pay a sum of Rs.13,00,000/- on or before 31.05.2025 to the defacto-complainant by way of demand draft. ii)The balance amount of Rs.20,00,000/- shall be paid in two installments. The first installment of Rs.10,00,000/- shall be paid on or before 30.06.2025 and the balance sum of Rs.10,00,000/- on or before Page No.3 of 6

31.07.2025.

7.If the second respondent fails to make payment as per the aforesaid time schedule fixed by this Court, the bail granted to the petitioner shall stand cancelled automatically and the first respondent would be at liberty to take the petitioner into custody.

8.With the above directions the petition is closed. The second respondent shall also execute the sureties as per the direction of this Court in Crl.O.P.No.20460 of 2024, within a period of two weeks time from the date of receipt of copy of this order.

30.04.2025 ep To:- 1.The1.Inspector of Police, T-16, Semmancherry Police Station, Page No.4 of 6

Chennai.

2.The Public Prosecutor, High Court, Madras. SUNDER MOHAN, J.

ep Crl.M.P.No.4276 of 2025 in Crl.O.P.No.20460 of 2024 Page No.5 of 6

30.04.2025 Page No.6 of 6