This petition has been filed to cancel the bail order of the learned XI Metropolitan Magistrate, Saidapet in Crl.M.P 450 of 2017 on 27.02.2017, with holding his passport preventing accused fleeing from the country and freezing the unlawful immovable assets amazed.
2. On the complaint lodged by the petitioner the respondent police have registered a case in Crime No. 4 of 2016 against Dr.M.C.Selvakumar(Accused/ first respondent). It is the case of the defacto complainant that the accused collected money to the tune of Rs.30 lakhs from the defacto complainant on the promise of getting MBBS admission for the defacto complainant's daughter.
3. It appears that the said accused was involved in similar cases before other police stations and therefore he was arrested by the Central Crime Branch, Chennai in Crime No. 8 of 2016 and remanded to custody. Thereafter the accused was produced under P.T warrant and formal arrest was effected in Crime No. 04 of 2016 and was produced before the XI Metropolitan Magistrate,Saidapet, Chennai on 06.04.2016. He was in judicial custody in Crime No.04 of 2016 for more than 60 days. The accused filed Crl.M.P.No. 450 of 2017 in Crime No. 04 of 2016 for statutory bail under
section 167(2) Cr.P.C before the learned XI Metropolitan Magistrate,Saidapet, Chennai was pleased to enlarge the accused on bail by order dated 27.02.2017 under
section 167 (2) Cr.P.C, on condition that he should deposit a sum of Rs. 2 lakhs to the credit in Crime No. 04 of 2016 before the XI Metropolitan Magistrate,Saidapet, Chennai.
4. The learned Additional Public Prosecutor submitted that though bail was granted for the accused, yet he did not deposit Rs. 2 lakhs nor he furnished sureties. Thereafter he continues to be in custody in Crime No. 4 of 2016. It is seen that the accused has cases in AndhraPradesh and Karnataka .
5. The learned additional Public Prosecutor submitted that the accused was transferred from Puzhal jail, Chennai to Cuddapah in Andhra Pradesh and from there he was shifted to Bangalore Central Prison.
6. In such view of the matter, the present petition for cancellation of bail is misconceived in as much as the accused himself has not furnished sureties for his release.
7. Hence this petition is closed with further direction to the respondent No.2, Inspector of Police,Central Crime Branch, Vepery, Chennai to complete the investigation expeditiously.
06.09.2017 aav To
1. The XI Metropolitan Magistrate, Saidapet, Chennai.
2. The Inspector of Police, Central Crime Branch, Vepery, Chennai- 7
3. The Public Prosecutor, High Court, Madras.
P.N.PRAKASH,J aav Crl.O.P.No.8502 of 2017 06.09.2017