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Madras High CourtCRL OP/20849/2019allowed

K.M.Deepak v. L.Subash Sankla

2019-09-06Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Sixth day of September Two Thousand Nineteen PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.20849 of 2019 DEEPAK K.M. [ PETITIONERS / INTERVENER ] Vs 1 L.SUBASH SANKLA [ RESPONDENTS / PETITIONERS ] 2 S.MAGESHKUMAR 3 THE STATE REP.BY [ RESPONDENT / RESPONDENT ] INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, COIMBATORE CITY.

CR.NO.38 OF 2018.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to cancel the bail granted in Crl.OP.No.19068 of 2018 dated 23.08.2018 to the respondents 1 and 2.

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.S.GUNALAN, Advocate for the Petitioner/Intervener and M/S.R.NALLIYAPPAN, Advocate for Respondents 1 & 2 and of M/S.B.ARUNMOZHIMARAN, Government Advocate on behalf of the 3rd Respondent the court made the following order:- This Court while granting bail to the first and second respondents (A2 and A3) imposed a condition and directed them to pay a sum of Rs.5,00,000/- (Rupees Five Lakhs Only) to the credit of Crime No. 38 of 2018 before the learned Judicial Magistrate No.1, Coimbatore, within a period of two weeks from the date of receipt of a copy of the said order.

2. The defacto complainant has filed the present petition to cancel the bail granted on the ground that the condition imposed by this Court was not complied with by the accused. Notice was issued to the respondents in the present petition and the same was served on them.

3. The learned Government Advocate would state that the condition imposed by this Court is not complied with by the first and second respondents and therefore, the bail granted to the first and second respondents should be vacated.

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4. In view of the above submissions, the bail granted by this court to the first and second respondents (A2 and A3) dated 23.08.2018, stands vacated.

5. Accordingly, the Criminal Original Petition is allowed. -sd/- 06/09/2019 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 JUDICIAL MAGISTRATE, NO.I, COIMBATORE 2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, COIMBATORE CITY.

+1 CC to M/S.S.GUNALAN Advocate on payment of necessary charges SR.No.18797 CRL OP.20849/2019 Date :06/09/2019 cs 25/09/2019 https://hcservices.ecourts.gov.in/hcservices/