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Madras High CourtCRL MP/10551/2022allowed

L.Alamely v. The Inspector Of Poice

2022-07-26Honourable Mr Justice G.K. Ilanthiraiyan3 pages

Crl.M.P.No. 10551 of 2022 in Crl.O.P.No.13253 of 2022 G.K.ILANTHIRAIYAN, J.

This petition has been filed by the defacto complainant to cancel the anticipatory bail granted to the second respondent in Crl.O.P.No.13253 of 2022 by an order dated 09.06.2022.

2. According to the defacto complainant, apprehending arrest at the hands of the 1st respondent police in Crime No.57 of 2022 registered for the offence under Sections 406 and 420 of IPC, the second respondent herein approached this Court for grant of anticipatory bail and this Court, considering the facts and circumstances of the case, granted anticipatory bail on the following conditions :

"6. Accordingly, the petitioner is directed to deposit a sum of Rs.5,00,000/- (Rupees Five Lakh only) to the credit of Crime No.57 of 2022, within a period of four weeks from the date on which the order copy made ready, and on such deposit the petitioner is ordered to be released on bail in the even of arrest or on her appearance, before the learned XVI Metropolitan Magistrate, George Town, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the respondent

police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed ."

3. This Court specifically directed the second respondent herein to deposit a sum of Rs.5,00,000/- (Rupees Five Lakh only) to the credit of Crime No.57 of 2022, within a period of four weeks from the date on which the order copy was made ready, and on such deposit the petitioner is ordered to be released on bail. This Court has categorically stated that if he does not comply with the condition imposed, the anticipatory bail granted by this Court shall stand automatically cancelled.

4. Now, it is submitted that sofar the second respondent herein has not complied with the condition imposed by this Court and not surrendered till today and hence, the anticipatory bail granted by this Court may be cancelled.

5. In view of the above, the anticipatory bail granted to the petitioner in Crl.O.P.No.13253 of 2022 by an order dated 09.06.2022 is hereby cancelled. Accordingly, this Criminal Miscellaneous Petition is allowed.

26.07.2022 Lpp

G.K.ILANTHIRAIYAN, J.

Lpp Crl.M.P.No. 10551 of 2022 in Crl.O.P.No.13253 of 2022 26.07.2022