Sekar v. Marimuthu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.09.2021

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN Crl.O.P.No.32667 of 2019 Sekar

...Petitioner/defacto complainant

Vs.

1.Marimuthu 2.Thirupathi 3.Dharman 4.Appun @ Sathish Kumar 5.Selvam 6.Mashdhan @ Elayaraja 7.Thirunanan 8.Kumaresan @ Gowtham 9.Sathya 10.Sudha 11.Rabin @ Vetri 12.Babu 13.Madan 14.Egambaram 15.Chellan 16.Dinesh 17.Annadurai

...Respondents 1 to 17/Petitioners

18. The State Rep. by Inspector of Police, F-5, Pathirvedu Police Station, Thiruvallur District.

(Crime No.251 of 2019)

...Respondent

Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to cancel the anticipatory bail granted in Crl.O.P.No.27063 of 2019, by order, dated 14.10.2019 to the respondents 1 to 17.

For Petitioner .. No Appearance For R1 to R17 .. Mrs.G.Gayathri For R18 .. Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

This Court had, by order, dated 14.10.2019 in Crl.O.P.No.27063 of 2019, granted anticipatory bail to the respondents herein, with the normal conditions on production of sureties and appearing before the first respondent Police Station at 10.30 A.M, for a period of one week and thereafter, as and when required.

2. None of the respondents complied with the said conditions. This has led to the defacto complainant in filing the present petition, seeking to cancel the anticipatory bail.

3. Subsequent to the investigation of the allegations in the F.I.R, the investigating officer had filed a final report, which had been taken cognizance as C.C.No.21 of 2021, which is now pending on the file of the learned Judicial Magistrate, Gummidipundi.

4. Since the respondents 1 to 17 herein had not complied with the conditions, the anticipatory bail granted is cancelled and the learned Judicial Magistrate, Gummidipundi is directed to issue summons, which, I am confident, would be issued in normal course to the respondents/accused and let the learned Judicial Magistrate decide about the course of action to be taken on appearance of the accused, when they answer the summons.

5. With the above said observation, the present Criminal Original Petition is allowed and the anticipatory bail, granted

in Crl.O.P.No.27063 of 2019, by order, dated 14.10.2019, against the respondents 1 to 17 herein, is cancelled. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar grs To

1. The Judicial Magistrate, Gummidipundi.

2. The Chief Judicial Magistrate, Tiruvallur District.

3. The Inspector of Police, F-5, Pathirvedu Police Station, Thiruvallur District.

Crl.O.P.No.32667 of 2019 BS[co] NSK 12/10/2021