A.Xavier v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Sixth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI IN CRL OP(MD) No.9962 of 2023 A.XAVIER ... Petitioner / Defacto Complainant Vs 1 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH DINDIGUL DISTRICT.
... 1st Respondent / Complainant 2 S.A.MAHENDRA BABU 3 S.RAJA MOHAMAD 4 S.RAGUNATHAN SUBBAIH 5 G.GOPALAKRISHNAN ... Respondents 2 to 5 / Accused No.1 to 4 Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to cancel the Anticipatory Bail granted to the accused 1 to 4 by this Honble High Court Judicature at Madras Madurai Bench in Crl OP (MD) No,9962/2023 order dt.14.06.2023 since as on date no final report has been filed in the above matter. Order : This criminal miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments 1/4
of M/s.G.V.SRIDHARAN, Advocate for the petitioner and of Mr.P.KOTTAICHAMY, Government Advocate (Crl. side) on behalf of the Respondent No.1 and of Mr.S.CHELLAPANDIAN, Advocate on behalf of the Respondent Nos.2 to 5, the Court made the following order:- This petition has been filed to cancel the anticipatory bail order passed by this Court, in Crl.O.P(MD) No.9962 of 2023, dated 14.06.2023. 2.The learned counsel for the petitioner would submit that the petitioner is not only the defacto complainant, but also 112 ex-employees of Pond's Hindustan Unilever Limited, Thermometer Factory, Kodaikanal, who were also aggrieved.
Due to the huge amount of ex-employees were swindled from the Management of HUL and many more aggrieved employees, who have been cheated by the above applicants have come forward to redress their grievance through legal procedure. Hence, they made a complaint against the private respondents before the first respondent Police. The first respondent Police registered a case in Crime No.19 of 2023 for the offence under Sections 294(b), 416, 421, 468, 471, 420, 34 of IPC as against the respondent Nos.2 to 5 herein. Hence, the respondent Nos.2 to 5 herein filed an anticipatory bail application before this Court in Crl.O.P(MD) No.9962 of 2023 and the same was allowed on 14.06.2023.
Challenging the same, the present petition has been filed seeking cancellation of anticipatory bail granted to the private respondents herein on the ground that the subject matter of writ petition in W.
(MD) No.19212 of 2020, which was filed by the aggrieved employees before this Court was not brought to the knowledge of this Court, while obtaining anticipatory bail and huge amount of the ex-employees was not disbursed to them and it was swindled by the accused persons.
3. The learned Government Advocate (Crl.Side) submitted that there is no violation on the condition imposed by this Court by the private respondents herein and all the accused persons scrupulously complied the conditions imposed upon them.
4.This Court is of the considered view that without any violation of conditions or any supervening circumstances, the petitioner cannot entitled to cancellation of anticipatory bail granted to the respondent Nos.2 to 5 herein. 5.Accordingly, this Criminal Miscellaneous Petition is dismissed. sd/- 26/03/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
INDU 3/4
To 1.The Judicial Magistrate No.I, Dindigul.
2.Do through the Chief Judicial Magistrate, Dindigul District 3.The Inspector of Police, District Crime Branch, Dindigul District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1CC to M/s.S.CHELLAPANDIAN, Advocate, SR No.15462(F), dated 26.03.2024
ORDER
IN IN CRL OP(MD) No.9962 of 2023 Date :26/03/2024 ED/ GS /SAR- (06/05/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4