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Madras High CourtCRL MP(MD)/5742/2024allowed

M.Muthukumar v. The Inspector Of Police

2024-06-21Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty First day of June Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice B.PUGALENDHI IN CRL OP(MD) No.20299 of 2021 M.MUTHUKUMAR ... PETITIONER/INTERVENER Vs 1 THE INSPECTOR OF POLICE ECONOMIC AND OFFENCE WING, TRICHY DISTRICT.

CRIME NO.2/2021 ... 1st RESPONDENT/RESPONDENT 2 RAMESH ... 2nd RESPONDENT/PETITIONER 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 order of anticipatory bail granted to the 2nd respondent in Crl.OP(MD) No.20299/2021 dated 22.03.2022.

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 of M/S.LENIN KUMAR.T, Advocate for the petitioner and of MR.B.THANGA ARAVINDH, Government Advocate(Crl.side)on behalf of the 1st Respondent and Mr.A.BALAJI, Advocate for the 2nd respondent, the Court made the following order:- This Criminal Miscellaneous Petition is filed by the defacto complainant 1/3

to cancel the order of anticipatory bail granted to the second respondent / accused in Crl.O.P(MD) No.20299 of 2021, dated 22.03.2022.

2. The learned counsel for the petitioner / defacto complainant submits that the accused obtained anticipatory bail on assurance that the accused would settle the entire of Rs.55,00,000/- (Rupees Fifty Five Lakhs only), but, the same was not complied with by the accused.

3. The learned Government Advocate(Crl.side) appearing for the respondent submits that out of Rs.55,00,000/-, the accused has paid only Rs.18,00,000/- and the balance amount has not been paid by him.

4. Admittedly, the accused has not paid the entire amount as agreed by him. Since the anticipatory bail was granted to the petitioner on the assurance given by him, he failed to do the same.

5. Considering the rival submissions made and also considering the facts and circumstances of the case, this Court is inclined to cancel the anticipatory bail granted to the accused in Crl.O.P(MD) No. 20299 of 2021, on 22.03.2022. 2/3

6. Accordingly, this Petition is allowed and anticipatory bail granted to the accused in Crl.O.P(MD) No. 20299 of 2021, on 22.03.2022 is hereby cancelled. sd/- 21/06/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO 1 THE JUDGE, SPECIAL COURT UNDER THE TAMILNADU PROTECTION OF INTEREST OF DEPOSITORS(IN FINANCIAL ESTABLISHMENT)ACT, 1997, MADURAI.

2 THE INSPECTOR OF POLICE ECONOMIC AND OFFENCE WING, TRICHY DISTRICT.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.T.LENINKUMAR, Advocate ( SR-6932[I] dated 25/06/2024 )

ORDER

IN IN CRL OP(MD) No.20299 of 2021 Date :21/06/2024 SS/GS/SAR- /02/07/2024/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3