R.K.Santhalakshmi v. A.S.K.Ashraf Ali

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 23.01.2019

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM Crl.O.P.No.16877 of 2017 and Crl.M.P.Nos.14340 & 14343 of 2018 in Crl.O.P.No.4138 of 2016 R.K.Santhalakshmi .. Petitioner Vs 1.A.S.K.Ashraf Ali 2.A.Sathik Ali 3.A.Bulal Ali 4.The State Rep. by The Inspector of Police, District Crime Branch, Salem District.

(In Crime No.3 of 2016) .. Respondents Prayer:- This Criminal Appeal is filed under Section 439 (2) r/w 482 Cr.P.C., to cancel the order of Anticipatory Bail granted in Crl.O.P.No.4138 of 2016 , dated 29.04.2016, on the file of this Court. For Petitioner : Mr.V.Nithiyanandam For Respondents : Mrs.J.Anandhavalli for R1 Mr.L.P.Balajiram for R2 No appearance for R3 Mr.T.Shanmugarajeswaran, Government Advocate (Crl. Side) for R4

C O M M O N J U D G M E N T Crl.OP.No.16877 of 2017 has been filed to cancel the anticipatory bail granted to the respondents 1 to 3 / accused 1 to 3, by this Court dated 29.04.2016 in Crl.O.P.No.4138 of 2016.

2. The ground on which the application was filed is that the accused / respondents 1 to 3 have not complied the conditions stipulated in the order. During the pendency of this petition, the accused / respondents 1 to 3 have paid Rs.2,00,000/- to the defacto complainant.

3. It seems that the accused have filed Crl.O.P.No.14340 & 14343 of 2018, seeking modification of the condition on the ground that all of them are residing at Karur in view of the treatment given to the first accused.

4. It is fairly admitted by the learned counsel for the accused that in view of non-payment of Rs.2,00,000/- to the defacto complainant, the accused could not execute bond as directed by this Court and they are not able to comply with the other conditions, viz., to report before the fourth respondent-Police daily.

5. Since the accused have paid Rs.2,00,000/- [Rupees Two Lakhs only] to the defacto complainant, this Court is inclined to extend time to furnish sureties by two weeks and the accused 2 and 3 are shall appear before the Inspector of Police, District Crime Branch, Salem District on two Saturdays and Sundays, commencing from 09.02.2019. Accordingly, Crl.O.P.No.16877 of 2017, which was filed for cancellation of anticipatory bail, stands dismissed and miscellaneous petitions in Crl.M.P.Nos.14340 & 14343 of 2018 in Crl.O.P.No.4138 of 2016 are ordered accordingly. 23.01.2019 Index : Yes/No.

Internet : Yes/No.

Speaking / Non Speaking Order r n s

K.KALYANASUNDARAM, J.

r n s To 1.The Inspector of Police, District Crime Branch, Salem District.

2.The Public Prosecutor, High Court, Chennai.

Crl.O.P.No.16877 of 2017 and Crl.M.P.Nos.14340 & 14343 of 2018 in Crl.O.P.No.4138 of 2016 23.01.2019