Madras High CourtCRL OP(MD)/12086/2019disposed of

Yuvaraj v. Anbalagan

2019-09-24Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2019 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CRL.O.P.(MD)Nos.12086, 12657 & 12715 of 2019 Yuvaraj ... Petitioner/Informant Vs.

1. Anbalagan ... 1st Respondent/Accused (Crime No.125 of 2019) ... 2nd Respondent/Complainant Prayer: Criminal Original petition is filed under Section 439

(2) of Cr.P.C., to call for the records pertaining to bail order of Cr.M.P.No.3324 of 2019 dated 19.07.2019 on the file of the Judicial Magistrate Court No.II, Kulithalai, Karur District and set aside the same.

CRL.O.P.(MD)No.12657 of 2019 Gopinath ... Petitioner/Informant Vs.

1. Anbalagan ... 1st Respondent/Accused (Crime No.127 of 2019) ... 2nd Respondent/Complainant Prayer: Criminal Original petition is filed under Section 439

(2) of Cr.P.C., to call for the records pertaining to bail order of Cr.M.P.No.3325 of 2019 dated 19.07.2019 on the file of the Judicial Magistrate Court No.II, Kulithalai, Karur District and set aside the same.

CRL.O.P.(MD)No.12715 of 2019 Arumugam ... Petitioner/Informant Vs.

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1. Anbalagan ... 1st Respondent/Accused (Crime No.126 of 2019) ... 2nd Respondent/Complainant Prayer: Criminal Original petition is filed under Section 439

(2) of Cr.P.C., to call for the records pertaining to bail order of Cr.M.P.No.3323 of 2019 dated 19.07.2019 on the file of the Judicial Magistrate Court No.II, Kulithalai, Karur District and set aside the same.

(in all Crl.O.Ps.) For Petitioner : Mr.R.Murugappan For R-2 : Mr.A.Robinson, Government Advocate(Crl.Side).

For R-1 : Mr.S.Gokulraj COMMON ORDER The first respondent herein was granted bail by the Court below in these cases. To cancel the same, these Criminal Original petitions have been filed.

2. When the matter was taken up for hearing, the learned counsel appearing for the accused on his instructions submitted that while he would deny the accusation of job racketing, he admits having received the amounts in question. According to him, the amounts having been received by him as loan. Therefore without prejudice to his contentions, this is not the case of job racketing. The first respondent seeks eight months time to clear his liabilities. According to the accused, his total liability in all these cases comes to Rs.9,85,000/-.

3. The accused is given eight months time to deposit the said amount before the Judicial Magistrate No.II, Kulithalai, to the credit of Crime Nos.125, 126 and 127 of 2019. These Criminal Original petitions stands disposed of only because the accused gave such an undertaking before this Court. If the said undertaking is breached, it is open to the petitioners herein to move this Court for taking appropriate action against the accused. On such deposit, the Court below shall decide on the entitlement of the defacto complainants and distribute the same accordingly. Sd/- Assistant Registrar (writs) // True Copy // Sub Assistant Registrar(CS ) 2/3

pmu To

1. The Judicial Magistrate No.II, Kulithalai, Karur District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+3 CC to Mr.R. MURUGAPPAN, Advocate SR-89236,89235,89237 +1.CC. To Mr.S.Gokulraj, Advocate in SR No.16257 CRL.O.P.(MD)Nos.12086, 12657 & 12715 of 2019 24.09.2019 MK (06.01.2020) 3P 8C 3/3