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Anticipatory Bail has been cancelled as the accused had suppressed the original facts in Anticipatory Bail, so the defacto complainant has moved a cancellation of bail and same has been allowed by Hon’ble Justice G.K.Ilanthiraiyan in Crl.Mp.2183 of 2023 in Crl.op.14775 of 2022 Advocate Mr.T.Muruganantham appeared for Defacto complainant and argued

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Anticipatory Bail has been cancelled as the accused had suppressed the original facts in Anticipatory Bail, so the defacto complainant has moved a cancellation of bail and same has been allowed by Hon’ble Justice G.K.Ilanthiraiyan in Crl.Mp.2183 of 2023 in Crl.op.14775 of 2022

Advocate Mr.T.Muruganantham

 

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction )

Wednesday, the Ninth day of August Two Thousand Twenty Three

PRESENT

The HonSb1e Mr Justice G.K. ILANTHIRAIYAN

CRIMINAL MISCELLANEOUS PETITION No.2183 of 2023

IN CRL.O.P.N0.14775 of 2022

ANBALAGAN  [ PETITIONER/DEFACTO COMPLAINANT I I

vs

1 THE STATE REP BY ITS,        [ RESPONDENT/ COMPLAINANT]

THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, VELLORE DISTRICT.

(CRIME NO.6 OF 2022)

2 CHANDRAN [RESPONDENT/ ACCUSED I

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to cancel the Anticipatory Bail granted to the 2nd respondent in Crl.O.P.No.14775 of 2022 dated ()5.07.2022 on the file of this Hon ible Court.

 

Order : This petition coming on for orders upon perusing the petition and the

filed in support       thereof and upon hearing the arguments of

M/S.T.MURUGANANTHAM, Advocate for the petitioner and of MR.R.KISHORE

KUMAR Govt. Advocate (Crl.Side) on behalf of the 1 st Respondent and MR.G.NIRMAL KRISHNAN Advocate for 2nd Respondent the court made the following order:-

This petition has been filed to cancel the anticipatory bail granted to the second respondent herein in Crl.O.P.No.14775 of 2022 dated 05.07.2022.

  1. The second respondent herein apprehended arrest at the hands of the first respondent in pursuant to the registration of FIR in Crime No.6 of 2022 on the allegation that the second respondent received a sum of Rs.22,00,000/- from the petitioner by giving a false promise to secure an Assistant Public Relationship Officer post. Thereafter, the second respondent failed to arrange any job and also refused to return the amount to the petitioner herein. However, the second respondent had agreed to deposit the said amount and as such considering the said submission, this Court granted anticipatory bail on condition that the second

 

respondent was directed to pay a sum of  to the defacto complainant by way of Demand Draft within a period Of two weeks and on such deposit, the second respondent was ordered to be released on bail in the event of arrest.

  1. Thereafter, the second respondent did not comply with the said condition and filed a petition for modification in Crl.M.P.No.13156 of 2022 in Crl.O.P.No.14775 of 2022, on the ground that his daughter-in-law lodged a false complaint under

Section 156(3) Cr.P.C before the learned Judicial Magistrate No.IV, Vellore in

C.M.P.No.10531 of 2021. By an order 29.11.2021, the complaint was forwarded to the file of the Inspector of Police, District Crime Branch, Vellore. As directed by the learned Magistrate, a detailed enquiry was conducted and found a person namely Jayanthi, as if the second respondent had entrusted money with her in order to get a job. However, she had cheated the second respondent and as such the second respondent could not able to return the money to the petitioner herein. Therefore, this Court by an order dated 24.08.2022 in CrI.M.P.No.13156 of 2022 in Crl.O.P.No.14775 of 2022, deleted the condition to pay a sum of  to the defacto complainant.

 

  1. Hence, the daughter-in-law Of the second respondent lodged a false cotnplaint and the Inspector of Police, District Crime Branch, Vellore submitted a detailed report and closed the complaint. It shows that in order to escape from the clutches of law, the second respondent lodged a private complaint in the name of his daughter-in-law and now it is closed by the Inspector of Police, District Crime Branch, Vellore.
  2. The learned counsel for the petitioner would submit that two other complaints are already lodged against the second respondent. Both the complaints are similar in nature. Therefore, the second respondent is a habitual offender, collecting money from the victims and promised to get a job.
  3. Therefore, the custodial interrogation of the second respondent is very much required in this case. Hence, this Court is inclined to cancel the anticipatory bail granted to the second respondent herein and the order dated 05.07.2022 in .0.P.No.14775 of 2022 is hereby cancelled. The first respondent is at liberty to secure the second respondent and proceed in accordance with law. Accordingly, this

Criminal Miscellaneous Petition is allowed.

-sd/09/08/2023

This order, on being produced, be punctually observed and carried into execution by all concerned

TRUE COPY

Sub-Assistant Registrar (Statistics/ C.S.) High Court, Madras – 600 104.

TO

  • THE JUDICIAL MAGISTRATE, NO.II, VELLORE.
  • THE CHIEF JUDICIAL MAGISTRATE

VELLORE. [FOR INFORMATION]

  • THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, VELLORE DISTRICT.
  • THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

C.C. to M/S.T.MURUGANANTHAM Advocate on payment of necessary charges

+1 C.C. to M/S.G.NIRMAL KRISHNAN Advocate on payment of necessary charges SR.N0.14474

Order

CRL MP.2183/2023

IN

CRL.O.P.No.14775/2022

Date :09/08/2023

Madras High Court is issuing certified copies in this format from 17/07/2023

DAN 11/08/2023

 

appeared for Defacto complainant and argued

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