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Madras High CourtCRL MP/8849/2023dismissed with direction

State Rep By v. Naveenkumar

2023-07-24Honourable Mr Justice A.D.Jagadish Chandira4 pages

in Crl.O.P.No.22924 of 2022 A.D.JAGADISH CHANDIRA , J.

This Criminal Miscellaneous Petition has been filed to cancel the anticipatory bail granted to the respondent herein in Crl.O.P.No.22924 of 2022, by an order dated 26.10.2022.

2. The learned Government Advocate would submit that the respondent was granted anticipatory bail by this Court in Crl.O.P.No.22924 of 2022 on 26.10.2022 and he has not complied with the conditions imposed by this Court.

3. The learned counsel for the respondent/accused would submit that the petitioner was earlier granted anticipatory bail by this Court on 26.10.2022 with a condition to report before the respondent Police everyday at 10.30 a.m., for a period of two weeks and thereafter, every Saturday at 10.30 a.m., until further orders. He would further submit that the petitioner

was under severe depression and further, he had met with an accident on 21.11.2022 and he was advised to bed rest for a period of 15 days. He would would submit that since the petitioner was bed ridden, he was unable to comply with the conditions and later, fearing about the police, he did not continue to comply with the condition. He would also submit that the noncompliance of the condition is neither willful nor wanton only due to the accident. Thereby, he seeks for dismissal of the anticipatory bail application.

4. When the matter was listed on the earlier occasion i.e., 17.07.2023, this Court had directed the petitioner to comply with the condition and today, it is reported by the petitioner/Police that the petitioner is complying with the condition for the past one week and the investigation is pending.

5. Taking into consideration the submissions made, the petition for cancellation of bail stands dismissed. However, the respondent/accused is directed to appear before the petitioner/Police on the first Saturday of every month at 6.30 p.m., for a period of three months and thereafter, as and when required for interrogation.

24.07.2023 vkr A.D.JAGADISH CHANDIRA , J.

vkr in Crl.O.P.No.22924 of 2022 24.07.2023