V.Dav Prabhu v. State Rep By Its

Crl.M.P.No.14635 of 2022 in Crl.O.P.No.19815 of 2021 Crl.M.P.No.14635 of 2022 in Crl.O.P.No.19815 of 2021 M.DHANDAPANI, J.

The petitioner was granted anticipatory bail by this Court in Crl.O.P.NO.19815/2021 dated 02.11.2021 with condition that the petitioner shall deposit a sum of Rs.50,00,000/- to the credit of crime number and upon such deposit the said amount may be disbursed proportionately in favour of the defacto complainant and other victims under due acknowledgement.

2. The learned counsel appearing for the petitioner submitted that till the Trial Court finds the petitioner the guilty, he presumed to be an innocent person and if he is acquitted, then there is no possibility of regain the deposited amount from the defacto complainant and others and prays for clarification to that effect.

3. Considering the submission made by the learned counsel appearing for the petitioner, this Court clarifies the order to the extent that it is made clear that any payment made to the defacto complainant and other victims, is subject to the result of the criminal case and the https://www.mhc.tn.gov.in/judis 1/2

Crl.M.P.No.14635 of 2022 in Crl.O.P.No.19815 of 2021 M.DHANDAPANI, J sk Trial Court is directed to obtain appropriate undertaking from the defacto complainant and other person to whom amount is disbursed that in the event of the petitioner succeeding in the trial, the defacto complainant and other victims would refund the amount received from the petitioner.

4. This Criminal Miscellaneous Petition is clarified accordingly. 22.09.2022 sk Crl.M.P.No.14635 of 2022 in Crl.O.P.No.19815 of 2021 https://www.mhc.tn.gov.in/judis 2/2