Amsath Arifa v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirtieth day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN IN CRL OP(MD) No.15161 of 2022 AMSATH ARIFA ... PETITIONER/DEFACTO COMPLAINANT Vs 1 THE STATE REP BY, THE INSPECTOR OF POLICE THALLAKULAM POLICE STATION, MADURAI DISTRICT.

(CRIME NO.571 OF 2022) ...RESPONDENT/COMPLAINANT 2 THAJUDEEN 3 VEERAR ABDULLAH ...RESPONDENTS/ACCUSED NOS. 1 & 2 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 by this Honble Court in favor of the 2nd & 3rd Respondents in Crl.O.P.(MD).No.15161 of 2022 vide order dated 16.03.2023 in connection with the case in Crime No.571 of 2022 on the file of the 1st Respondent. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.ANAND R, Advocate for the petitioner and of MR.B.

THANGA ARAVINDH, Government Advocate (Criminal Side) on behalf of the 1st Respondent, the court made the following order:- This petition has been filed to cancel the anticipatory bail granted to the respondents 2 and 3/Accused Nos.1 & 2 in Crl.O.P(MD) No.15161 of 2022, dated 16.03.2023 in connection with the case in Crime No.571 of 2022 on the file of the first respondent, on the ground that the condition imposed by this Court has not been complied with by them.

2.The respondents 2 and 3 herein apprehend arrest at the hands of the first respondent for the offences under Sections 406, 420, 1/3

468 and 471 of I.P.C in Crime No.571 of 2022. This Court by order, dated 16.03.2023, granted anticipatory bail to the petitioners on the following condition:- "5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners on condition that the petitioners shall take a Demand Draft for a sum of Rs.5,00,000/- (Rupees Five Lakhs Only) and hand over the same to the defacto complainant and produce the receipt/acknowledgment before the learned Judicial Magistrate No.1, Virudhunagar." 3.The learned counsel appearing for the petitioner would submit that the respondents 2 and 3 even till today, did not even appear before the concerned Magistrate and failed to produce any sureties so far.

4.Heard the learned counsel appearing on either side and perused the materials available on record.

5.It is seen that the respondents 2 and 3 herein, even till today, did not produce any sureties and failed to surrender before the concerned Judicial Magistrate, after payment of Rs.5,00,000/- by way of Demand Draft to the petitioner/defacto complainant. Further, the respondents 2 and 3 also did not file any petition for an extension of time even till today. Therefore, the respondents 2 and 3 failed to comply with any of the conditions imposed by this Court and as such, anticipatory bail granted to the respondents 2 and 3 in Crl.O.P(MD)No.15161 of 2022, dated 16.03.2023, shall stand automatically cancelled.

6.Accordingly, this Miscellaneous Petition is disposed of with the abovesaid clarification.

sd/- 30/06/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PS TO 1 THE JUDICIAL MAGISTRATE NO.I, VIRUDHUNAGAR.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT @ SRIVILLIPUTHUR.

2/3

3 THE INSPECTOR OF POLICE THALLAKULAM POLICE STATION, MADURAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN IN CRL OP(MD) No.15161 of 2022 Date :30/06/2023 PKP/ /SAR- /08.07.2023/ 3P/5C 3/3