S.Sathya Narayanan v. Shihabudheen

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :23.06.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.MP.No.6526 of 2025 in CRL.OP.No.32425 of 2024 S.Sathya Narayanan ... Petitioner Vs.

1.N.Shihabudheen 2.State rep by Inspector of Police V-5, Thirumangalam Police Station, Thirumangalam Chennai.

... Respondents PRAYER : Criminal Original Petition filed under Section 483(3) r/w. 528 of BNSS, 2023, to cancel the anticipatory bail granted in Crl.OP.No.32425/2024 by an order dated 27.12.2024.

For petitioner :

Mr.D.S.Ramesh For Respondent :

Mr.W.Camyles Gandhi for R1 Mr.C.Baskaran for R2 Government Advocate (Crl.Side)

O R D E R

This petition has been filed to cancel the anticipatory bail granted to the 1st respondent in Crl.OP.No.32425 of 2024 by order dated 27.12.2024.

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2. Heard both sides.

3. The petitioner is the defacto complainant in Cr.No.686/2024 registered for the offences punishable under Sections 406 and 420 of IPC. In pursuant to the registration of the FIR, the first respondent herein apprehends arrest at the hands of the second respondent and approached this court for anticipatory bail.

4.Considering the facts and circumstances, this Court has already granted anticipatory bail to the first respondent with the conditions, paragraph No.8 of which reads as follows :

" 8. Accordingly, this Criminal Original Petition is allowed, directing the petitioner to pay Rs.21,00,000/- in three installments of Rs.7,00,000/- each, to be paid on the 7th calendar day of January, February and March and the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned XIII Metropolitan Magistrate Court, Egmore, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties for a like sum to the satisfaction of the learned Magistrate concerned......" According to the above said order, the first respondent shall pay a sum 2/4

of Rs.21,00,000/- in three instalments from January to March, 2025. However, the first respondent failed to comply the same and also confirmed by the learned Government Advocate (Crl.Side) that the petitioner also did not produce any proof to show that the first respondent complied the said condition.

5. Hence, this Court is inclined to cancel the anticipatory bail granted to the first respondent herein, in Crl.O.P.No.32425 of 2024 dated 27.12.2024. The second respondent is at liberty to secure the first respondent and shall proceed against him in accordance with law. Accordingly, this Criminal Miscellaneous Petition is allowed.

23.06.2025 To 1.Learned XIII Metropolitan Magistrate Court, Egmore, Chennai

2. The Inspector of Police V-5, Thirumangalam Police Station, Thirumangalam Chennai.

3. The Public Prosecutor High Court, Madras.

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G.K.ILANTHIRAIYAN.,J.

Gv CRL.MP.No.6526 of 2025 in CRL.OP.No.32425 of 2024 23.06.2025 4/4