A. Sathiadhas, v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2025 PRESENT THE HON'BLE MR.JUSTICE N.ANAND VENKATESH in CRL.OP(MD). No.12838 of 2024 A.Sathiadhas ... Petitioner / Defacto complainant Vs.
1.The State rep by, The Inspector of Police, Thiruvattar Police Station, Kanyakumari District.
(Crime No.301 of 2024) ... Respondent/1st complainant 2.L.Lanoprin 3.Ebin Samuvel Kingsly 4.Shaji ... Respondents/Accused 1 - 3 PRAYER: Criminal Miscellaneous Petition filed under Section 483(2) of BNSS praying to cancel the anticipatory bail granted to all the three accused/respondents 2 to 4 herein in Crl.O.P.(MD) No.12838 of 2024 dated 07.08.2024 on the file of this Court in Crime No.301 of 2024 on the file of the first respondent police. For Petitioner :
Mr.S.Bharathy Kannan For Respondents:
Mr.B.Thanga Aravindh, Government Advocate (Crl. Side) for R1 1/6
ORDER
This petition has been filed to cancel the anticipatory bail granted in favour of respondents 2 to 4 / A1 to A3 on the ground that they did not comply with the conditions imposed by this Court while granting anticipatory bail to them.
2. Heard the learned counsel for the petitioner and the learned Government Advocate appearing on behalf of the first respondent.
3. When this Court granted anticipatory bail to A1 to A3 by order dated 07.08.2024 made in Crl.O.P.(MD) No.12838 of 2024, this Court imposed the following conditions:
"7.As undertaken given by them, the petitioners shall deposit a sum of Rs.9,00,000/- (Rupees Nine Lakhs only) to the credit of Crime No.301 of 2024 before the learned Judicial Magistrate No.II, Padmanabhapuram, Thuckalay, Kanyakumari District, without prejudice to their rights and contentions.
8.On such deposit being made, the petitioners are ordered to 2/6
be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Padmanabhapuram, Thuckalay, Kanyakumari District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:"
4. After the above order was passed, a modification petition came to be filed in Crl.M.P.(MD) Nos.10557 and the petition seeking extension of time came to be filed in Crl.M.P.(MD) No.10580 of 2024. The said modification petition was also allowed by this Court by an order dated 14.10.2024 and the relevant portion is extracted hereunder:
"i) The petitioners shall deposit a sum of Rs.4,00,000/- to the credit of the Crime No.301 of 2024 at the time of execution of 3/6
securities. Thereafter, within a period of two months, shall also deposit the balance amount of Rs.5,00,000/-.
ii) Time is extended by one week from the date of receipt of a copy of this order for furnishing sureties.
iii) Since this modification is being granted as per the request of the learned counsel for the petitioners, it is made clear that no further modification or extension of time will be entertained in this regard."
5. In spite of the above order passed by this Court, the accused persons did not comply with the conditions. A petition has been filed seeking for further extension of time to deposit the amount.
6. In the considered view of this Court, the anticipatory bail was granted as early as on 07.08.2024 and it is nearly five months since this order was passed. On one occasion, this Court was also pleased to modify and grant extension of time. While passing such an order on 14.10.2024, it was made clear that no further modification or extension of time will be entertained. The accused persons did not choose to comply with the condition. In view of the same, the only consequence will 4/6
be to cancel the anticipatory bail granted in favour of the accused persons. No further extension of time can be granted since this Court made it clear that no further extension of time will be granted even while modifying and extending the time on the earlier occasion.
7. In view of the above discussion, the anticipatory bail granted to respondents 2 to 4 in Crl.O.P.(MD) No.12838 of 2024 dated 07.08.2024 is hereby cancelled and this Criminal Miscellaneous Petition accordingly stands allowed. Consequently, connected miscellaneous petition in Crl.M.P.(MD) No.28 of 2025 is closed.
sd/- 06/01/2025 / TRUE COPY / /01/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
PKN TO 1 THE JUDICIAL MAGISTRATE NO.II PADMANABHAPURAM, THUCKALAY, KANYAKUMARI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI DISTRICT AT NAGERCOIL.
3 THE INSPECTOR OF POLICE, THIRUVATTAR POLICE STATION, KANYAKUMARI DISTRICT.
5/6
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.BHARATHY KANNAN, Advocate ( SR-181[I] dated 07/01/2025 +1 CC to M/s.J.JEEVIN, Advocate ( SR-206[I] dated 08/01/2025 )
ORDER
IN CRL MP(MD) No.26 of 2025 IN CRL OP(MD) No.12838 of 2024 Date :06/01/2025 SS/VR/SAR- /27/01/2025/ 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6