Sundaramurthy v. Inspector Of Police

Crl.O.P.No.27060 of 2023 C.V.KARTHIKEYAN, J.

The petitioners / A1 and A2 who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 406 and 420 IPC r/w Section 75 of the Chit Funds Act, 1982 in Crime No.630 of 2023 seek anticipatory bail.

2.On 30.11.2023, this Court had granted interim anticipatory bail to the 2nd petitioner till 12.12.2023 with a direction to appear before the respondent and produce challans for deposit of amount before the APR Groups and give an undertaking to re-collect the amount and deposit in Crime No.630 of 2023 before the X Metropolitan Magistrate, Egmore, Chennai. It was also stated that interim anticipatory bail would be extended, only if at least five such deposit are recovered by A2. It was specifically mentioned that, if bonafide is not show then this order would stand cancelled. The anticipatory bail petition was dismissed as against A1.

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3.The order was dictated in the open Court on 30.11.2023 in the presence of the counsels. Immediately, thereafter it was transcribed and it had also been uploaded. The learned counsel for the petitioner complained that it was made ready and only on 11.12.2023, according to him and he had received certified copy.

4.But the fact is that the nature of the order is very much available and to the knowledge of the learned counsel. He could also have acted on the order, which had been uploaded in the website. The first direction was to produce challans and to deposit the challans before the APR Group and the second direction was to give an undertaking to recollect the amount from the APR Group and then to deposit in Crime No.630 of 2023. The first two portions does not depend on the certified copy of the order being available. They could have been done on the basis of the order copy, which had been uploaded in the website. It is only to deposit the amount in the crime number that the certified copy is required.

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5. The petitioners had not taken any steps. Hence, the interim anticipatory bail already granted by this Court to the 2nd petitioner stands cancelled. In view of the lack of bonafide shown by the petitioners, this Criminal Original Petition also stands dismissed. 15.12.2023 smv 3/4

C.V.KARTHIKEYAN , J.

smv Crl.O.P.No.27060 of 2023 15.12.2023 4/4