Madras High CourtCONT P(MD)/668/2020closed

Anan Ali v. Vadivel Karuppiah

2020-09-21Honourable Mr Justice G.R.Swaminathan2 pages

1 CONT.P.(MD)No.668 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CONT.P.(MD)No.668 of 2020 IN CRL.O.P.(MD)No.2461 of 2020 Asan Ali ... Intervener/Petitioner Vs.

1. Vadivel Karuppiah

2. Vimala ... Contemnors/Petitioners 1 and 2

3. Malaichamy, The Inspector of Police, Thallakulam police station, Madurai City.

(Crime No.241 of 2020)

4. The Inspector of Police, Thallakulam, Madurai City.

(R-4 is suo motu impleaded vide order dated 31.08.2020) ... Respondent Nos.3 & 4/Contemnors Prayer: Contempt petition is filed under Section 11 of the Contempt of Courts Act, to initiate contempt proceedings under Section 11 of the Contempt of Courts Act 1971 against the contemnor herein for his willful disobedience to the order passed by this Court in Crl.O.P.(MD)No.2461 of 2020 dated 12.02.2020 and punish him accordingly.

Prayer in CRL OP(MD). 2461/ 2020 :

Criminal Original Petition is filed under section 438 of Criminal procedure code, praying this Hon'ble Court for Anticipatory Bail in Crime No.241 of 2020 on the file of the respondent police For Petitioners : Mr.S.M.A.Jinnah For R-1 & R-2 : Mr.V.Santhakumaresan For R-3 & R-4 : Mr.A.Robinson, Government Advocate(Crl. Side).

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O R D E R

The accused in Crime No.241 of 2020 registered on the file of Thallakulam police station, moved this Court for anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/ 1/4

2 CONT.P.(MD)No.668 of 2020

2. Recording their undertaking that they would settle the defacto complainant's claim, I granted anticipatory bail. It is now submitted by the defacto complainant that the undertaking given before this Court has not been complied with. I issued notice to the respondents and there is no appearance on their behalf. They are represented by their counsel. Even according the learned counsel appearing for the accused, the undertaking given before this Court has not been complied with. Therefore, the anticipatory bail earlier granted by this Court vide order dated 12.02.2020 in Crl.O.P.(MD) No.2461 of 2020 stands cancelled.

3. Recording the cancellation of the anticipatory bail granted to the accused, this contempt petition stands closed.

4. It appears that one of the accused has been arrested and that he has filed a petition for grant of bail. The conduct of the accused will definitely be taken note of by the learned Judge while considering the bail petition.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) pmu Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To :

1. Malaichamy, The Inspector of Police, Thallakulam police station, Madurai City.

2. The Inspector of Police, Thallakulam police station, Madurai City.

+1 CC to Mr.V. SATHAKUMARESAN, Advocate ( SR-17890[F] dated 23/09/2020 ) CONT.P.(MD)No.668 of 2020 IN CRL.O.P.(MD)No.2461 of 2020 21.09.2020 VB (28.09.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/4