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Madras High CourtCRL MP/15412/2025allowed

K.M.Murugesan v. Kannan(A1)

2025-10-17Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-10-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR in Crl OP No.8477 of 2024 K.M.Murugesan Petitioner(s) Vs

1. Kannan (A1)

2. Ashwin (A2)

3. Kalaivani (A3)

4. Bindumurugan @ Veeramaheswari (A4)

5. The State Rep By The Sub Inspector Of Police DCB, Namakkal.

Respondent(s) PRAYER This petition is filed under Section 483 (3) of BNSS, seeking to Cancel the bail granted to the Respondents 1 to 4/accused 1 to 4 in Crl.OP.No.8477 of 2024 by order dated 30.04.2024. For Petitioner(s):

M/s. D.SENTHIL KUMAAR For Respondent(s):

Mr.Guru Balachandran For R1 To R4 Mr.S.Udayakumar Government Advocate (Crl.side) For R5

ORDER

This criminal miscellaneous petition has been filed to cancel the anticipatory bail granted to the respondents 1 to 4 herein by this Court in Crl.O.P.No.8477 of 2024 dated 30.04.2024.

2.The learned counsel for the petitioner submitted that this Court, while granting anticipatory bail to the respondents 1 to 4 had imposed a condition that "they shall deposit a sum of Rs.20,00,000/- (Rupees Twenty Lakhs Only) either by demand draft from a Nationalized bank or by way of cash to the credit of Crime No.13 of 2023 on the file of the respondent police station before the learned Judicial Magistrate No.1, Namakkal, within a period of ten weeks from the date of receipt of a copy of this order and shall produce the said receipt before the Court below" and subsequently, the respondents 1 to 4 have filed an appeal before the Hon'ble Appex Court and the order of this Court was confirmed by the Hon'ble Appex Court in SLP (Crl.)No.7825 of 2024 dated 05.11.2024. Till now, the above said conditions has not been complied by the respondents 1 to 4. Hence, the present petition has been filed for canceling the anticipatory bail.

3.The learned counsel for the respondents 1 to 4, who appeared before this Court through virtual mode, reported that they have not deposited the amount as ordered by this Court. However, they are negotiating with the defacto complainant in this regard and there is a possibility of settling the issue.

4.I have considered the submissions made on both sides and perused the materials available on record.

5.It is a clear case of non-compliance of conditions imposed by this Court and since it is admitted by the respondents 1 to 4 that they have not complied with the conditions, I am of the view that, the anticipatory bail granted by this Court in Crl.OP No. 8477 of 2024 dated 30.04.2024 is liable to be cancelled. Accordingly, this Miscellaneous Petition is allowed. 17-10-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Public Prosecutor, High Court of Madras.

2.The State Rep By The Sub Inspector Of Police DCB, Namakkal

K.RAJASEKAR J.

gbi CRL MP No. 15412 of 17-10-2025