V.Durai v. A.Selvin

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Ninth day of July Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN IN CRL OP(MD) No.22344 of 2023 V.DURAI ... PETITIONER/INTERVENOR/DEFACTO COMPLAINANT Vs 1 A.SELVIN 2 RAJMERY ... RESPONDENTS 1 & 2/PETITIONERS 3 THE INSPECTOR OF POLICE CCB POLICE STATION TIRUNELVELI DISTRICT CR NO.26/2023 ... 3RD RESPONDENT/SOLE RESPONDENT 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 anticipatory bail granted in favor of the 1st and 2nd respondent Crl OP No.22344 of 2023 dt.14.12.2023 on the file of this Honble Court.

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.SELVAKRISHNAN.S, Advocate for the petitioner and of MR.AAYIRAM K.SELVAKUMAR, Advocate on behalf of the Respondent Nos.1 & 2 and MR.M.VAIKKAM KARUNANITHI, Government Advocate (Crl.Side) on behalf of the 3rd Respondent, the court made the following order:- This petition has been filed to cancel the anticipatory bail granted in favour of the 1st and 2nd respondent in Crl.O.P(MD).No.22344 of 2023 dated 14.12.2023. 2.

submit that at the time of granting anticipatory bail to the respondents 1 and 2 / petitioners, the petitioners have given an undertaking affidavit that they are ready to repay a sum of Rs.54,10,000/- to the petitioner, but, they have not complied the same and hence, he seeks for cancellation of anticipatory bail granted to them. 3.Heard the learend counsel appearing for both sides and perused the materils available on record.

4.On perusal of the order passed by this Court, dated 14.12.2023 in the above said Criminal Original Petition it is seen that there is no specific direction to the respondents 1 and 2 to repay the said amount as per the undertaking given by them. In such circumstances, this Court find that there is no merit in this petition and hence, this petition is liable to be dismissed.

5.Accordingly, this petition is dismissed. The petitioner shall work out his remedy in the manner known to law.

sd/- 09/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE INSPECTOR OF POLICE, CCB POLICE STATION, TIRUNELVELI DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN IN CRL OP(MD) No.22344 of 2023 Date :09/07/2024 RS/JGB/SAR-(26.07.2024) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3