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Madras High CourtCRL MP/15529/2022allowed

State Rep By v. Raja@ Rajasekar @ Andiyarpalayam Raja

2022-11-14Honourable Mr Justice G.K. Ilanthiraiyan3 pages

Crl.M.P.No.15529 of 2022 in Crl.O.P.No.14361 of 2022 G.K.ILANTHIRAIYAN, J.

This petition has been filed for cancellation of anticipatory bail granted to the respondents in Crl.O.P.No.14361 of 2022 dated 22.06.2022 on the ground that the respondents failed to surrender and failed to execute sureties as directed by this Court.

2. This Court while granting anticipatory bail to the respondents imposed the following conditions;- "8. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.1, Villupuram, on condition that each of the petitioners shall execute a separate bond for a sum of Rs.10,000 /- (Rupees Ten Thousand only) with two blood related sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that."

3. Thus, it is clear that if the respondents/accused failed to surrender and execute the sureties, the petition for anticipatory bail shall stand dismissed. In fact, the respondents also filed an extension of time petition in Crl.M.P.No.13452 of 2022 and this Court by an order dated 29.08.2022 dismissed the same.

4. The learned counsel for the respondents/accused would submit that this Court already granted anticipatory bail to the respondents only on the condition that the respondents shall surrender and execute sureties within a period of two weeks from the date of receipt of a copy of this order, failing which, the anticipatory bail granted by this Court shall stand automatically cancelled. Therefore, the learned Additional Public Prosecutor unnecessarily filed this petition.

5. Therefore, it is clarified that since the respondents failed to surrender and failed execute sureties in time, the petition for anticipatory bail shall stand automatically cancelled. Accordingly, this criminal miscellaneous petition is allowed and the petitioner/police is at liberty to secure the respondents. 14.11.2022 ata

G.K.ILANTHIRAIYAN, J.

ata Crl.M.P.No.15529 of 2022 in Crl.O.P.No.14361 of 2022 14.11.2022