Chandrasekar v. Balamurugan,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Third day of March Two Thousand Twenty PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN IN CRL OP(MD) No.1414 of 2020 CHANDRASEKAR ... PETITIONER/DEFACTO COMPLINANT Vs 1 BALAMURUGAN, 2 CHITHRADEVI ..RESPONDENTS NO.1&2/PETITIONERS/ACCUSED NO.1&2 3 THE DEPUTY SUPERINTENDENT OF POLICE, ARANTHANGI, PUDUKKOTTI DISTRICT 4 THE SUB INSPECTOR OF POLICE ARANTHANGI POLICE STATION, ARANTHANGI, PUDUKKOTTAI DISTRICT.
... RESPONDENTS NO.3&4/RESPONDENTS NO.1&2/ COMPLAINANT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to cancel the order anticipatory bail which was granted to the respondents no.1 and 2 /accused no.1 and 2 in Crl.O.P.(MD) No.1414 of 2020 dated 10/02/2020 by this Honourable Court. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.A.P.DHAS, Advocate for the petitioner and of Mr.C.Maniyarasu for R1&R2 and Mr.R.Anandharaj, Additional Public Prosecutor on behalf of the Respondents No.3&4, the court made the following order:- This petition is listed today under the caption 'for reporting compliance.'
2. This Court, on 27.02.2020, while disposing the Criminal 1/3
Miscellaneous Petition, has passed the following order:- ''3. The learned counsel appearing for the accused states that they will take a demand draft for a sum of Rs.30,000/- in the name of the petitioner and hand over the same to the petitioner himself. The accused state that they will have good relationship with the petitioner and not interfere with their avocation. It appears that the wife of the petitioner is tailor by profession and that the accused give an undertaking that they will conduct themselves in such a way that the petitioner and his family members do not have any sense of insecurity. If this undertaking is breached, this Court will not hesitate to cancel this anticipatory bail and commit the accused to custody. The accused will comply with the undertakings within a period of three days.
4. Recording the undertakings given through the counsel on instructions, this criminal miscellaneous petition is disposed of.''
3. Now, it is reported that the condition imposed by this Court on the respondents 1 and 2/A1 and A2 to pay a sum of Rs.30,000/- to the petitioner/de-facto complainant, has not been complied. The respondents 1 and 2 may have every good reason not to comply the said order, but, however, since this Court has already made an observation that if there is any breach in the condition, anticipatory bail will be cancelled, judicial discipline requires for the Court, it should go by its earlier order, though it was passed by some other Judge. Hence, anticipatory bail granted by this Court in Crl.O.P.(MD)No.1414 of 2020, dated 10.02.2020, is cancelled for non-compliance of the condition imposed by this Court, vide order dated 27.02.2020.
4.Accordingly, this petition is closed. In view of the 2/3
cancellation of anticipatory bail, the respondent shall act in accordance with law.
sd/- 03/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE DISTRICT AND SESSIONS COURT (SPECIAL COURT FOR SCHEDULED CASTES AND SCHEDULED TRIBES(PREVENTION OF ATROCITIES))ACT, PUDUKKOTTAI.
2.THE DEPUTY SUPERINTENDENT OF POLICE, ARANTHANGI, PUDUKKOTTAI DISTRICT.
3.THE SUB-INSPECTOR OF POLICE, ARATHANGI POLICE STATION, ARANTHANGI, PUDUKKOTTAI DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. C.C. to Mr.A.P.DHAS Advocate SR.No.4736
ORDER
IN IN CRL OP(MD) No.1414 of 2020 Date :03/03/2020 KM/(06.03.2020) SKN/SAR2/3P 6C 3/3