M/S.Icmc Corporation Ltd v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Fifteenth day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL MISCELLANEOUS PETITION No.10206 of 2021 IN CRL OP.9018 of 2021 M/S.ICMC CORPORATION LTD [ PETITIONER / DEFACTO COMPLAINANT ] REP.BY ITS MANAGING DIRECTOR, MR.M.KANNAN, Vs 1 THE STATE REP BY ITS [ 1st RESPONDENT / COMPLAINANT ] THE INSPECTOR OF POLICE, EPF-II, TEAM -3,C.C.B.

CHENNAI CRIME NO.90 OF 2021 2 N.ASOKAN [ 2nd RESPONDENT / ACCUSED-3 ] S/O.NAMASIVAYAM, \ MANAGING DIRECTOR, M/S.VADIVAM MEDIA PVT. LTD., Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to cancel the Anticipatory Bail order dated 16.06.2021 granted to the Respondent/Accused -3 in Crl.O.P.No.9018 of 2021 in Crime No.90 of 2021 by this Honourable High Court.

Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.J.JAMES, Advocate for the Petitioner and of MR.S.BALAJI, Govt. Advocate (Crl. Side) on behalf of the 1st Respondent the court made the following order:- The Petitioner/defacto complainant has filed this petition seeking to cancel the anticipatory bail granted to the petitioner(A.3) in Crl.OP.No.9018 of 2021 dated 16.06.2021 by this Court.

2.Heard, the learned Counsel appearing for the petitioner/defacto complainant as well as the learned Government Advocate.

3. When the matter is taken up for hearing, the learned counsel for the petitioner/defacto complainant submitted that this Court, vide order dated 16.06.2021 in Crl.OP.No.9018 of 2021, granted anticipatory bail to A.3 with certain conditions and one of the condition is that A.3 is directed to pay a sum of Rs.1,35,00,000/- (Rupess One Crore Thirty five lakhs only) to the defacto complainant within a period of two weeks from the date of receipt of the order. The learned counsel further submitted that till date, the accused person has not paid any money to the defacto complainant. Hence, the learned counsel for the petitioner/defacto complainant has filed the present petition to cancel the anticipatory bail to the petitioner.

4. On 16.06.2021, this Court granted granted anticipatory bail to the second respondent (A.3) with certain condition and the second respondent has also submitted that he is ready and willing to pay a sum of Rs.1,35,00,000/- to the defacto complainant. But the second respondent has not been complied with the said condition imposed by this Court. Considering the facts and circumstances of the case and the submission of the learned counsel for the petitioner, this Court is inclined to cancel the anticipatory bail to the second respondent (A3) and accordingly, this Criminal Miscellaneous Petition is ordered. -sd/- 15/11/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE CCB & CBCID COURT AT EGMORE.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION].

3 THE INSPECTOR OF POLICE, EPF-II, TEAM -3,C.C.B.

CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 C.C. to M/S.J.JAMES Advocate on payment of necessary charges SR.NO.12848 Order in CRL MP.10206/2021 in CRL OP.9018/2021 Date :15/11/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format JPA 22/11/2021