T.Anandhan v. R. Ravishankar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of March Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL MP(MD) No.10413 of 2017 IN CRL OP(MD) No.12728 of 2016 T.ANANDHAN ... PETITIONER/VICTIM Vs 1 R. RAVISHANKAR ...RESPONDENT/PETITIONER 2 STATE REP.BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, DISTRICT POLICE OFFICE, SUBRAMANIYAPURAM, CR NO. 26/2015. ... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to cancel the bail granted to the 1st respondent / Petitioner herein by this Honourable Court in Crl.O.P.(MD) No.12728/2016 dated 27.07.2016 and pass any other order as deem fit and proper.
Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.T.SENTHIL KUMAR, Advocate for the petitioner and of MR.A.ROBINSON, Government Advocate (Crl.Side) for R2 and MR.S.MUTHUKRISHNAN, Advocate for R1 the court made the following order:- This Criminal Miscellaneous Petition has been filed to cancel the bail granted to the first respondent herein, by this Court, in Crl.O.P.(MD)No.12728 of 2016, dated 27.07.2016. 2.Heard both sides.
3.The submissions made by the learned counsel appearing on either side are considered. Initially, this case has been registered by the second respondent, based on the complaint
given by the petitioner/defacto complainant. In the complaint lodged before the second respondent police, the petitioner made an allegation as the first respondent/A2 and A1 received a sum of Rs.19,20,000/- from seven persons, after making a false promise that he would arrange a Government Job. After the payment of money, the first respondent and A1 did not arrange the job as promised by them. Thereafter, a dispute was arose and the case has been registered, as a result of which, the first respondent was arrested by the second respondent police. At the time of granting bail, during the course of arguments, the learned counsel appearing for the first respondent made a submission before this Court as a sum of Rs.10,00,000/- had already been paid to the petitioner/defacto complainant. Further, he made an undertaking that the balance amount will be settled within a period of three weeks and he has also filed a Memo to that effect.
Thereafter, the first respondent herein has not settled the balance amount, as per undertaking given by him and therefore, the petitioner/defacto complainant has filed this application for the cancellation of bail already granted in favour of the first respondent.
4.During the pendency of this application, inspite of so many efforts taken by this Court, all the efforts are ended in vain and therefore, this Court is inclined to cancel the bail granted to the first respondent in Crl.O.P.(MD)No.12728 of 2016, dated 27.07.2016.
Accordingly, this Criminal Miscellaneous Petition is allowed for not complying the undertaking given by him. The bail granted in favour of the first respondent, dated 27.07.2016, shall stand cancelled. The second respondent/ Inspector of Police, District Crime Branch, District Police Office, Subramaniyapuram, Trichy District, is directed to secure the first respondent/A2, within a period of 15 days from the date of receipt of a copy of this order. sd/- 05/03/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
LS TO 1 THE DISTRICT MUNSIF -CUM -JUDICIAL MAGISTRATE, LALGUDI 2 DO THROGUH THE CHIEF JUDICIAL MAGISTRATE
3 THE COMMISSIONER OF POLICE, TRICHY.
4 THE INSPECTOR OF POLICE,DISTRICT CRIME BRANCH, DISTRICT POLICE OFFICE,SUBRAMANIYAPURAM, 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. C.C. to M/S.T.SENTHIL KUMAR Advocate SR.No.3487 +1cc to MR.S.MUTHUKRISHNAN, Advocate in SR.No. 3475 GJM/MM/PN/SAR-3-13.3.18-3P-8C
ORDER
IN CRL MP(MD) No.10413 of 2017 IN CRL OP(MD) No.12728 of 2016 Date :05/03/2018 (2/2)