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Madras High CourtCRL MP/19804/2022dismissed

Devaraj v. Jegan

2023-01-09Honourable Mr Justice G.K. Ilanthiraiyan3 pages

Crl.M.P.No.19804 of 2022 in Crl.O.P.No.17797 of 2022 G.K.ILANTHIRAIYAN, J.

This petition has been filed for cancellation of anticipatory bail granted in the above Crl.O.P.No.17797 of 2022 on 28.07.2022 to the respondents 1 and 2.

2. This Court by an order dated 28.07.2022 in Crl.O.P.No.17797 of 2022 granted anticipatory bail to the respondents 1 and 2 herein with the certain conditions. Thereafter, the petitioner filed Crl.M.P.No.12739 of 2022 for cancellation of bail granted to the respondents 1 and 2 herein. This Court by an order dated 28.09.2022 in para 10 directed the respondents 1 and 2 which reads as follows;

" the respondents 1 and 2 are directed to deposit the title deed of property not less than the value of Rs.1 Crore standing in the name of the resondents 1 and 2 or their friends or their relatives to the credit of Crime No.13 of 2022 on the file of the Judicial Magistrate No.VII, Coimbatore, within a period of two weeks from the date of receipt of a copy of this order." However, the said order was not complied by the respondents 1 and 2 herein till date.

3. The learned counsel for the petitioner would submit that in so far the respondents 1 and 2 did not comply with the condition imposed by this Court. The learned counsel for the respondents 1 and 2 would submit that aggrieved by the order passed by this Court, the respondents 1 and 2 filed a petition before the Hon'ble Supreme Court of India in SLP.No.12179 of 2022, wherein the Hon'ble Supreme Court of India, by an order dated 03.01.2023, stayed the above said condition.

4. In view of the above, this Court is not inclined to cancel the anticipatory bail granted to the respondents 1 and 2 herein dated 28.07.2022 in Crl.O.P.No.17797 of 2022.

5. Accordingly, the criminal miscellaneous petition stand dismissed. However, the petitioner is at liberty to approach this Court, subject to the result of SLP.No.12179 of 2022 on the file of the Hon'ble Supreme Court of India. 09.01.2023 ata G.K.ILANTHIRAIYAN, J.

ata Crl.M.P.No.19804 of 2022 in Crl.O.P.No.17797 of 2022 09.01.2023