R.Padmini v. Amaravathy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.06.2016

CORAM

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN CRL.O.P. No.473 of 2016 & Crl.M.P.No.198 of 2016 in Crl.O.P.No.13650 of 2015

1. R.Padmini

2. R.Kokila

3. G.Kanchana

4. V.Jaya

5. R.Kasthuri

6. Anjali

7. D.Kanchana

8. G.Manjula

9. Shanthi Mohan

10. Shoba

11. S.Vatchala

12. Kalpana

13. Kasthuri

14. G.Nagalakshmi

15. A.C.Vijayalakshmi

16. V.H.Kumarilakshmi

17. T.Padmini

18. S.Dharani

19. Chandramma

20. R.Gunasekar ..

Petitioners

Versus

1. Amaravathy

2. Meenakshi

3. State of Tamil Nady Rep. by with The Inspector of Police, Central Crime Branch, Veperry, Chennai - 600 007.

..

Respondents

PRAYER : Criminal Original Petition filed under Section 439(2) of Code of Criminal Procedure, to cancel the bail granted in Crl.O.P.No.13650 of 2015 order dated 04.09.2015 pending investigation in Crime No.30 of 2015 on the file of the third respondent.

For Petitioner :

Ms.R.Meenakshi For first Respondent :

Mr.C.Ayyapparaj Government Advocate (Crl. Side)

O R D E R

This petition has been filed for cancellation of bail granted to the first and second respondents by this court in Crl.O.P.No.13650 of 2015, dated 04.09.2015.

2. This Court by an Order dated 04.09.2015 has granted bail to the first and second respondents with a condition that they should deposit a sum of Rs.40,00,000/- to the credit of this case. Admittedly, the first and second respondents have not deposited the said amount and the petitioner has come forward with the present petition for cancellation of the bail granted to the first and second respondents.

3. On the other hand, the learned counsel for the first and second respondents would contend that the petitioners have received the entire amount and as the defacto complainant and his associates are powerful persons, there are trying to grab more money with the help of the police. As such the original petitioners/accused have submitted that they are not in a position to arrange the money and prayed for modification of the condition.

4. The total amount said to have been defrauded in this case is more than Rs.3 crores and till date not even a single pie has been recovered. In any event, the condition imposed by this Court has not been complied with and it is an admitted fact that if the condition No.6(a) has not been complied with and in terms of the order in 6(d), the Magistrate is entitled to take appropriate action. That apart, as the Order has not been complied with, the bail Order of this Court in Crl.O.P.No.13650 of 2015, dated 04.09.2015 is cancelled and this cancellation petition is allowed and the modification petition filed by the first and second respondents/accused is dismissed.

5. The accused/first and second respondents are directed to surrender before the learned Magistrate forthwith, failing which, the police shall arrest and remand them to custody.

22.06.2015 vrc Index : Yes / No Internet : Yes / No To

1. The Inspector of Police, Central Crime Branch, Veperry, Chennai - 600 007.

2. The Public Prosecutor, High Court of Madras, Chennai - 600 104.

S.VAIDYANATHAN, J.

vrc CRL. O.P. No.473 of 2016 & Crl.M.P.No.198 of 2016 in Crl.O.P.No.13650 of 2015 22.06.2016