R.Vatchala v. G.Ramamoorthy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.12.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN R.Vatchala ... Petitioner Vs.

1. G.Ramamoorthy

2. The Inspector of Police, V-4, Rajamangalam Police Station, Villivakkam, Chennai. ...Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to set aside the order passed in Crl.M.P.No.13153 of 2023 by granting two weeks time to the 1st Respondent to comply the conditions mentioned in the joint memo dated 18.07.2022 filed in the bail order in Crl.M.P.No.17444 of 2022.

For Petitioner : Mr. Gijesh Gopal For R2 : Mr. Leonard Arul Joseph Selvam Government Advocate (Crl. Side) 1/4

O R D E R

The first respondent herein had obtained bail after giving an undertaking that he will settle the due as per the joint compromise memo within a period of six months. Since, he is not able to comply the order, an application was filed by the defacto complainant for recall of bail order and the same was dismissed by the trial Court on the ground that, six months period for complying the joint compromise memo got expired. Defacto complainant being aggrieved by the said order is before this Court.

2. The learned counsel for the petitioner submitted that, six months period already got over. First respondent is absconding and failed to comply the terms of the bail condition.

3. This Court, when the matter came up for hearing on 10.08.2023, permitted the petitioner to serve notice to the learned counsel appearing on behalf of the 1st respondent before the Court below. The learned counsel by name D.Ananthapadmanabhan appeared before this Court on 07.09.2023 and undertook to file vakalat on behalf of first respondent/accused. However, inspite of the matter being adjourned for three times, there is no 2/4

representation for the first respondent today. Thus, it is a clear case of obtaining bail giving an undertaking and later committing breach of the m undertaking. Hence, it is fit case to cancel the bail granted to the 1st respondent. The respondent police is directed to secure the first respondent/accused and commit him to prison.

4. With the above observations and directions, this Criminal Original Petition is disposed of.

07.12.2023 Index : Yes/No Sma To:

1. The Inspector of Police, V-4, Rajamangalam Police Station, Villivakkam, Chennai.

2. The Public Prosecutor, Madras High Court.

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Dr.G.JAYACHANDRAN,J.

Sma 07.12.2023 4/4