Sekar v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifteenth day of November Two Thousand and Twenty Four PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH IN CRL OP(MD) No.13933 of 2024 SEKAR ... PETITIONER/ Defacto Complainant Vs 1 THE STATE OF TAMILNADU REP BY THE INSPECTOR OF POLICE, RAJAPALAYAM NORTH POLICE STATION, VIRUDHUNAGAR DISTRICT.
(IN CRIME NO.214 OF 2024.) ... 1st RESPONDENT/RESPONDENT/ COMPLAINANT 2 PONNUTHAI ... 2nd RESPONDENT/ PETITIONER/ ACCUSED Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to cancel the Anticipatory Bail order dated 23.08.2024 passed in Crl.O.P.(MD).No.13933 of 2024 by this Honble Court.
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. MAYA PERUMAL.S, Advocate for the petitioner and of Mr.B.THANGA ARAVINDH, Government Advocate (Crl.Side) on behalf of the Respondent No.1 and of Mr.C.EZHILARASU, Advocate on behalf of the Respondent No.2 , the court made the following order:- 1/5
This petition has been filed seeking for cancellation of anticipatory bail granted by this Court in Crl.OP(MD). No. 13933 of 2024 dated 23.08.2024.
2. Heard the learned counsel on either side and perused the materials placed on record.
3. The respondent police registered Crime No.214 of 2024 based on the complaint given by the petitioner for offence under Section 420 of IPC. The complaint against the accused person is that she gave a false promise to the defacto complainant as if she can secure a Government Job and thereby, she demanded a sum of Rs.6,95,000/-. This amount was also paid to the accused person. After receiving the amount, no job was secured and the amount was also not repaid back. It is under these circumstances, the complaint came to be given.
4. The accused person, apprehending arrest by the respondent police, filed Crl.OP(MD). No.13933 of 2024 seeking for anticipatory bail. The petition was allowed by an order dated 23.08.2024. One of the conditions that was imposed by this Court is that the accused person must pay a sum of Rs.1,00,000/- to the credit of Crime No.214 of 2024 before the Judicial Magistrate, Rajapalayam. 2/5
5. The accused person was not able to comply with the above condition and she sought for extension of time before this Court by filing Crl.MP(MD).No.10489 of 2024. This Court by an order dated 01.10.2024 granted extension of time by one week on payment of cost of Rs.1,000/-.
6. The main ground that has been raised by the petitioner/complainant is that the accused person has not deposited the sum of Rs.1,00,000/- as was directed by this Court. It is under these circumstances, this petition has been filed seeking for cancellation of anticipatory bail.
7. In the considered view of this Court, the anticipatory bail was granted to the accused person/2nd respondent only with a specific direction that the accused person must deposit a sum of Rs.1,00,000/- within the time stipulated. This condition was not complied with and the accused filed petition to extend the time. Extension of time was also granted by this Court by imposing cost by an order dated 01.10.2024. In spite of the same, the condition has not been complied with till date.
8. When the matter was taken up for hearing today, the learned counsel for the accused person/2nd respondent sought for some more time to deposit the amount. 3/5
9. In the considered view of this Court, two opportunities were given to the accused person/2nd respondent to deposit the amount. In spite of the same, the condition was not complied with. Even when this petition was filed seeking for cancellation of anticipatory bail, the 2nd respondent/accused did not deposit the amount. This clearly amounts to violating the directions given by this Court. Under such circumstances, this Court is left with no other alternative except to cancel the anticipatory bail granted in favour of the 2nd respondent/accused.
10. In the result, this petition stands allowed and the anticipatory bail that was granted to the 2nd respondent/accused in Crl.OP(MD).No.13933 of 2024 by order dated 23.08.2024 hereby stands cancelled.
sd/- 15/11/2024 / TRUE COPY / / 11 /2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1.The Judicial Magistrate, Rajapalayam.
2. -do through The Chief Judicial Magistrate, Virudhunagar District. 3.The Inspector of Police, Rajapalayam North Police Station, Virudhunagar District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN IN CRL OP(MD) No.13933 of 2024 Date :15/11/2024 RD(25/11/2024) 5 P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 5/5