Shanmugam v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2021

CORAM

THE HON'BLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl. O.P. No. 8148 of 2021 Shanmugam ... Petitioner -vs1. State Rep. by The Inspector of Police, Royakkottai Police Station, Krishnagiri District.

(Crime No. 528 of 2020)

2. Selvam

3. Perumal @ PerumalMuniyan

4. Lakshmanan @ Lakshumanan

5. Chandran @ Chandiran

6. Kuppusamy

7. Senthil Perumal

8. Anbalagan

9. Sankar Chinnaraj

10. Selvaraj

11. Pangadigan @ Senthil Perumal ... Respondents Prayer:- Criminal Original Petition filed under Section 439(2) of the Code of Criminal Procedure, 1973, praying to cancel the bail granted to the Respondents 2 to 11 in Crl. O.P. No. 11668 of 2020 dated 05.08.2020.

For Petitioner : Mr. A.Balamurugan For Respondent : Mr. V.J.Priyadarsana, Counsel for the Government (for R1) Mr. V.Sakkarapani (for R2 to R11)

O R D E R

(The case has been heard through video conference) This petition has been filed by the Petitioner/De-facto Complainant seeking cancellation of bail granted to the Second to

Eleventh Respondents herein by order dated 05.08.2020 in Crl. O.P. No. 11668 of 2020, on the ground that they did not comply with the condition imposed by this Court in Crl. O.P. No. 11668 of 2020.

2. The Learned Counsel for the Petitioner would submit that the Second to Eleventh Respondents were granted bail originally with a condition to stay at Hosur and report before Hosur Town Police Station and they appeared for sometimes. He would further submit that thereafter, by order dated 04.09.2020 in Crl. M.P. No. 5079 of 2020, the condition was modified to stay at Denkanikottai and report before Denkanikottai Police Station. He would further submit that further by order dated 12.10.2020 in Crl. M.P. No. 6195 of 2020, the condition was modified to report before the Respondent Police. He would further submit that after the modifications of the condition, the Second to Eleventh Respondents have not appeared before the Respondent Police and thereby, this petition has been filed seeking cancellation of bail.

3. When the matter came up before this Court on the last occasion, the Learned Counsel appearing for the Second to Eleventh Respondents submitted that the Second to Eleventh Respondents originally complied with the condition by appearing before Hosur Town Police Station and thereafter, since they could not stay at Hosur, they sought for modification of the condition and this Court directed them to report before the Denkanikottai Police Station. He further submitted that due to pandemic situation, they again sought for modification of the condition and this Court directed them to appear before the Respondent Police. He further submitted that because of the pandemic situation, they were unable to report before the Respondent Police. He further undertook that the Second to Eleventh Respondents would comply with the condition hereinafter.

4. Today, it is reported by Mr. V.J.Priyadarsana, Learned Counsel appearing for the Government that the Second to Eleventh Respondents have been regularly complying with the condition from 29.06.2021 till date.

5. Since the condition has been complied, this Court is of the opinion that there is no need for cancellation of bail granted to the Second to Eleventh Respondents.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 14/07/2021 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 JUDICIAL MAGISTRATE, DENKANIKOTTAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, ROYAKOTTAI POLICE STATION, KRISHNAGIRI DISTRICT.

4 THE OFFICER INCHARGE, HOSUR TOWN POLICE STATION, HOSUR.

5 THE OFFICER INCHARGE, DENKANIKOTTAI POLICE STATION, KRISHNAGIRI DISTRICT.

CC to M/S.A.BALAMURUGAN Advocate on payment of necessary charges CRL OP.8148/2021 Date :14/07/2021 MK:17/07/2021