Mukesh Kumar Lakshmandutt Sharma v. State Represented By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-11-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP Nos. 28516 of 2025 and Crl.M.P.No.19881 of 2025
1. Mukesh Kumar Lakshmandutt Sharma S/o.Mr.Sharma Laxmandutta and 2 Others 2.Chandanbhai Laxmandutt Sharma S/o.Sharma Laxmandutta 3.Shakila Begum W/o.Nisar Ahmed, All are having office at No.74A, Tiny Sector, Thiru-vi-ka Industrial Estate, Ekkattuthangal Chennai - 32.
Petitioner(s) Vs
1. State represented by, The Inspector of Police R-1 Mambalam Police Station (Crime), T-Nagar, Chennai- 17. Cr.No.213/2023.
Respondent(s)
PRAYER To enlarge the petitioners on ANTICIPATORY BAIL in the event of his arrest pending investigation in Crime No. 213 of 2023 on the file of the R-w Mambalam police station (crime) Chennai, and thus render justice. For Intervener :
Mr.K.Suresh Babu For Petitioner(s):
Tamizh Selvan S For Respondent(s):
Mr.S.Udayakumar Government Advocate (Crl.Side)
ORDER
Earlier, these petitioners had moved this court by way of Crl.O.P. No.14070 of 2024 and obtained interim anticipatory bail with a condition that they shall deposit a sum of Rs.30 lakhs. Subsequently, this order has been cancelled by the Honourable Apex Court in SLP Number 10871 of 2024, and the Apex Court has observed as follows.
"Heard the learned counsel for the appellants in support of the appeal and learned counsel for the respondent-state and perused the material on record.
Considering the facts on record, in our view, the case for deletion of the aforesaid condition for grant of anticipatory bail is made out. We, therefore, allow this appeal and direct as under: It is directed that the appellants shall extend complete cooperation in the trial of the instant case. The appellants shall not misuse their liberty in any manner. The other conditions imposed by the High Court are not interfered with.
Any infraction of the conditions shall entail cancellation of bail granted
to the appellants.
With these observations, the appeal is allowed."
2. Thereafter, the petitioners have not come forward to comply with the condition imposed by this court by order dated 5.7.2024. Thereafter, the petitioners approached this court with a petition in Criminal MP Number 14087 of 2025, seeking modification of certain conditions. However, this court, after hearing the parties, passed the following order: "2.The petitioners herein, apprehending arrest for the alleged offences under sections 406, 420, 468 & 120B of IPC in Crime No.213 of 2024,sought anticipatory bail before this Court and their petition was considered favourably with conditions. However, as the condition imposed was very onerous, the petitioners had approached the Hon'ble Supreme Court and got deleted the onerous condition.
Thereafter, the petitioners were enjoying the interim anticipatory bail and not complied the other conditions imposed, particularly, to report before the respondent police and co-operate with the investigation. However, now they have filed a petition for modification of the condition stating that the matter is purely civil in nature and the petitioners are residents of Ahmedabad and therefore, it is difficult for them to participate in the investigation.
3.This Court finds that the said application for modification of interim anticipatory bail condition cannot be entertained, since it will tantamount to allowing the petitioners go free without even participating in the investigation. Hence, interim anticipatory bail granted stands cancelled."
3. The observation passed by this court in the above said Criminal.M.P. reveal that the petitioners could not be permitted to argue the matter once again
on merits. They ought to have complied with the condition imposed, particularly to report before the respondent police and cooperate with the investigation. This order has been passed on 22.8.2025. This order has also been challenged before the Apex Court, and the Apex Court also dismissed the same in SLP(Criminal).No.14702 of 2025 by order dated 19.9.2025. Now, a fresh anticipatory bail has been filed before this court on the ground that the petitioners are ready to comply with the conditions imposed by this court in the earlier order.
4. Pursuant to the orders of the Apex Court in the month of September 2025, the matter has been concluded. Hence, I am of the view that this is the second round of litigation and entertaining this second bail application is not permissible. Accordingly, this criminal original petition is dismissed. 06-11-2025 (1⁄2) Index:Yes/No Speaking/Non-speaking order Internet:Yes mpa
To 1.State represented by, The Inspector of Police R-1 Mambalam Police Station (Crime), T-Nagar, Chennai- 17. Cr.No.213/2023.
2.The Public Prosecutor High Court of Madras.
K.RAJASEKAR J.
mpa CRL OP Nos. 28516 of and Crl.M.P.No.19881 of 06-11-2025