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Madras High CourtCRL OP/16750/2020granted

M.Kanagavel v. The State Rep.By

2021-06-23Honourable Mr Justice M.Dhandapani2 pages

Crl.O.P.No.16750 of 2020 M.DHANDAPANI,J.

The matter is listed today under the caption "For Being Mentioned" at the instance of the learned counsel for the petitioner.

2. It is submitted by the learned counsel for the petitioner that earlier this Court by an order dated 23.06.2021 granted anticipatory bail to the petitioner with an condition to deposit a sum of Rs.50,00,000/- to the credit of Cr.No.283 of 2020.

3. Today when the matter is taken up for hearing the learned counsel appearing for the petitioner submitted that the petitioner had not given any instruction to his counsel to agree for deposit of the said amount. Hence the learned counsel requested the Court to pass order on merits.

4. The allegation against the petitioner is that he had misappropriated a sum of 3.5 crores. Considering the allegation against the petitioner and as the counsel for the petitioner submitted that the petitioner on his own volition was ready and willing to deposit a sum of Rs.50,00,000/-. this Court had granted Anticipatory Bail to the petitioner. Such being the position, it is not open to the petitioner to come before this Court and plead that no instruction was given to his counsel. https://www.mhc.tn.gov.in/judis/

M.DHANDAPANI,J.

smn

5. In such circumstances the request made by the petitioner cannot be considered and accordingly in the absence of the petitioner complying which he had agreed on his own volition to deposit the said sum the anticipatory bail granted by this Court is recalled and the petition is dismissed.

02.08.2021 smn Crl.O.P.No.16750 of 2021 https://www.mhc.tn.gov.in/judis/