Madras High CourtCRL OP/16928/2021disposed of

S.Kumar v. State By

2022-06-09Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.06.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.16928 of 2021 S.Kumar ... Petitioner Vs.

State by The Inspector of Police, Central Crime Branch-I Chennai.

(Cr.No.334/2018) ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police to comply with the order passed by this Hon'ble Court in Crl.MP.No.4142 of 2020 in Crl.OP.No.7238 of 2020 dated 12.06.2020.

For Petitioner :

Mr.P.Sankara Narayanan For Respondent :

Mr.L.Baskaran, Government Advocate (Crl.Side)

O R D E R

This petition has been filed seeking a direction to the respondent police to comply with the order passed by this Court in Crl.MP.No.4142 of 2020 in Crl.OP.No.7238 of 2020 dated 12.06.2020.

2. The petitioner is the complainant in Crime No.334 of 2018. The petitioner has alleged in the complaint that the accused has cheated him to the tune of Rs.2 Crores. On registration of FIR, the accused namely one Prakash Gowda, was arrested and remanded to judicial custody and he has filed bail petition before this Court in Crl.OP.No.7238 of 2020. This Court vide order order dated 17.04.2020 has granted bail to the accused on condition that the accused should deposit a sum of Rs.1 Crore to the credit of CCB Crime No.334 of 2018 within a period of eight weeks from the date of receipt of a copy of that order. However, the accused cannot able to deposit the said amount as directed by this Court and filed a petition to extend the time in Crl.MP.No.4142 of 2021. This Court by its order dated 12.06.2020, has granted further period of eight weeks from 12.06.2020 to deposit a sum of https://hcservices.ecourts.gov.in/hcservices/

Rs.1 crore. Further, this Court clarified that if the accused failed to comply with the condition, the bail granted to the accused dated 17.04.2020 in Crl.OP.No.7238 of 2020 stand automatically cancelled and the respondent is at liberty to secure the accused. Even till today, the accused failed to comply with the conditions imposed by this Court and even then the respondent did not take any steps to secure the accused in the manner known to law as directed by this Court.

3. The learned Government Advocate (Crl.Side) submitted that the accused did not comply with the condition as imposed by this Court and the respondent is taking appropriate steps to secure the accused.

4. Considering the above submissions, the respondent is directed to secure the accused in Crime No.334 of 2018 and proceed against him in accordance with law as directed by this Court in Crl.MP.No.4142 of 2020 in Crl.OP.No.7238 of 2020 by its order dated 12.06.2020 within period of four weeks from the date of receipt of a copy of this Order.

5. With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar Vv To

1. The Inspector of Police, Central Crime Branch-I Chennai.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.16928 of 2021 SSI (CO) PR (29/06/2022 https://hcservices.ecourts.gov.in/hcservices/