Madras High CourtCRL MP(MD)/6626/2020allowed

Murugesan v. Thangapandian

2021-01-18Honourable Mr Justice G.R.Swaminathan2 pages

CRL MP(MD). No.6626 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Criminal Jurisdiction ) Date : 18/01/2021 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL MP(MD). No.6626 of 2020 in CRL OP(MD). No.16173 of 2019 Murugesan ... Petitioner/Intervener/ Defacto complainant Vs 1.Thangapandian 2.K.Ramachandran ... Respondents 1 & 2/ Petitioners 1 & 2/Accused Nos.1 & 2 3.The State rep.by The Assistant Commissioner of Police, Fort and Crime, 1st Floor, Gandhi Market Police Station, Trichy.

4.The Inspector of Police, Fort Police Station, Trichy.

Crime No.Not known of 2019 ...3&4th Respondents/ Complainants For Petitioner : Mr.S.Ramakrishnan, Advocate. For R-3 & R-4 : Mr.A.Robinson, Government Advocate (Crl.Side).

For R-1 & R-2 : Mr.R.Maheswaran, Advocate PRAYER :- To Cancel the Anticipatory bail order which was granted in favour of the 1st and 2nd respondents/ Accused No. 1 and 2 in CRL OP (MD) No.16173/2019 dated 14.11.2019.

ORDER : The Court Made the following order :- Heard the learned counsel on either side.

2. Respondents 1 and 2 herein filed Crl.O.P.(MD)No.16173 of 2019 seeking relief of anticipatory bail. They have come to this Court when the case was pending on the petition/enquiry stage. No https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD). No.6626 of 2020 First Information Report has been registered. Even at that stage, respondents 1 and 2 gave an undertaking before this Court that they would pay a sum of Rs.28,00,000/- to the defacto complainant within a period of four months. Contending that this undertaking given by respondents 1 and 2 has not been complied with, this petition for cancellation of anticipatory bail came to be filed.

3. When the matter was listed on the previous occasion, it was adjourned to enable respondents 1 and 2 to show their bona fides. Even today, the undertaking given by respondents 1 and 2 before this Court remains not complied with. Therefore, this Court has no other option but to cancel the order dated 14.11.2019 made in Crl.O.P.(MD) No.16173 of 2019.

4. This petition is allowed.

sd/- 18/01/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE No.I, TRICHY.

2.DO THORUGH:THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3.THE ASSISTANT COMMISSIONER OF POLICE, FORT AND CRIME, 1ST FLOOR, GANDHI MARKET POLICE STATION, TRICHY.

4.THE INSPECTOR OF POLICE, FORT POLICE STATION, TRICHY.

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

ORDER

IN CRL MP(MD) No.6626 of 2020 IN CRL OP(MD) No.16173 of 2019 Date :18/01/2021 PMU TK/PN/SAR.3/21.01.2021/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2