T.Thiyagarajan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2020

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH T.Thiyagarajan S/o.Thirugnanasambandam ... Petitioner Vs 1.The Inspector of Police, Ranipet Police Station, Vellore District.

Crime No.380 of 2012 2.Thangavel S/o.R.M.N.Saabaapathy 3.J.Bharathi S/o.Jayapal 4.K.M.Ravi S/o.K.P.Munirathinam 5.V.G.Dhanasekar S/o.V.S.Govinda Chetty 6.V.Sekar S/o.Varathaiah Chetty ... Respondents 1/5

Criminal Original Petition filed u/s.439(2) r/w Section 482 of the Code of Criminal Procedure praying to cancel the anticipatory bail granted to respondents 2 to 6/accused herein in Crl.O.P.No.10905 of 2013 dated 26.04.2013 by this Court.

For Petitioner : Mr.G.Saravanan For Respondent : Mr.K.Madhan Government Advocate (Crl.side) [R1] Mr.G.Vinodh Kumar [R2, R4, R5 and R6] *****

O R D E R

[Order of this Court was made by R.SUBBIAH, J] Petitioner/de facto complainant has filed the present petition seeking cancellation of anticipatory bail granted to respondents 2 to 6/accused herein in Crl.O.P.No.10905 of 2013 dated 26.04.2013 by this Court.

2. Heard learned counsel for petitioner, learned Government Advocate for first respondent and learned counsel for respondents 2, 4, 5 and 6.

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3. Learned counsel for petitioner submits that the case in Crime No.380 of 2012 on the file of first respondent has been registered for offences u/s.406, 420 and 506(i) IPC on the basis of complaint given by petitioner/de facto complainant. The allegation is that due to property dispute, accused threatened the de facto complainant with dire consequences. This Court, under order dated 26.04.2013, granted anticipatory bail to respondents 2 to 6/accused subject to the following conditions:

'5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on his appearance before the learned Magistrate concerned within a period of 10 days from the date of receipt of a copy of this order, on each of them executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Ranipet, or to the satisfaction of the respondent police or the police officer who intends to arrest and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. for a period of two weeks and thereafter as and when required.'

Since the aforesaid order has not been complied with by respondents 2 to 6/accused, the present petition has been filed seeking cancellation of anticipatory bail granted to them.

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4. Learned Government Advocate (Crl.side) filed a status report, affirming the submission of learned counsel for petitioner. Since the order of this Court has not been complied with, this Court allows this petition. Accordingly, the anticipatory bail granted to respondents 2 to 6/accused under order of this Court dated 26.04.2013 is cancelled.

13.03.2020 Note to office:

Issue order copy by 16.03.2020 Index:yes/no, Internet:yes gm To 1.The Inspector of Police, Ranipet Police Station, Vellore District.

2.The Public Prosecutor, High Court, Madras.

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R.SUBBIAH, J gm 13.03.2020 5/5