Madras High CourtCRL OP/5654/2020dismissed

V.Lakshmi v. State Rep. By

2021-04-17Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice V.BHARATHIDASAN CRIMINAL ORIGINAL PETITION No.5654 of 2020 V.LAKSHMI [ PETITIONER / ACCUSED ] Vs STATE REP. BY [ RESPONDENT ] INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, EDF-II TEAM-IV, VEPERY, CHENNAI-7.

For Petitioner : M/S.R.JOHN SATHYAN Advocate For Respondent : M/S.V.SARATHA DEVI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- (The case has been heard through video conference) Earlier, interim anticipatory bail was granted based on an undertaking affidavit filed by the petitioner, undertaking to transfer some property to the defacto complainant within 4 months.

2. Thereafter, this Court, by an order dated 22.01.2021, extended time to the petitioner to comply with the same and it is also stated that if the petitioner fails to comply with the undertaking, anticipatory bail petition will be dismissed and suomotu contempt proceedings will be taken as against the petitioner. But the petitioner failed to comply with the undertaking.

3. Thereafter, Hon'ble Mr.Justice, M.Dhandapani, by an order dated 17.04.2021, dismissed the anticipatory bail petition in view of the non-compliance of the order dated 22.01.2021, and posted the matter before this Court for initiating suo motu contempt proceedings as against the petitioner.

4. Today, when the matter is taken up for hearing, Mr. John Sathyan, learned counsel for the petitioner would submit that the petitioner has filed the affidavit bonafidely to settle the issue amicably. However, due to unavoidable circumstances, the petitioner was not able to comply with the same and there is no malafide intention. She has filed the undertaking affidavit only with an intention to settle the dispute amicably not with any intention to get the relief from this Court.

4. Considering the above facts and circumstances, and considering the submission of the petitioner and also the fact that the anticipatory bail petition has been dismissed, this Court is not inclined to take action against the petitioner for contempt and the petition is closed accordingly.

-sd/- 28/04/2021 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 METROPOLITAN MAGISTRATE, CCB/CBCID COURT, EGMORE, CHENNAI 2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, EDF-II TEAM-IV, VEPERY, CHENNAI-7.

4 THE INSPECTOR OF POLICE CENTRAL CRIME BRANCH, EDF-II TEAM IX-A, COMMISSIONERS OFFICER BUILDING, CHENNAI.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

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

+1 CC to M/S.R.JOHN SATHYAN Advocate on payment of necessary charges CRL OP.5654/2020 Date :28/04/2021 RG.12.05.2021