IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.09.2017 CORAM:
THE HON'BLE MR.JUSTICE S.BASKARAN Crl.O.P.No.13314 of 2017 Lawrence ..Petitioner/Defacto complainant Vs
1. The State Rep. By Inspector of Police District Crime Branch The Nilgiris ..1st respondent
2. Balachander ..2nd Respondent/Petitioner in Crl.O.P.No.9268 of 2017/Accused Criminal Original Petition filed under Section 439(2) Cr.P.C., seeking to cancel the Anticipatory Bail granted on 12.06.2017 in Crl.O.P.No.9268 of 2017.
For petitioner : Mr.S.Arokia Maniraj For respondents: Mr.R.Sekar, Govt.Advocate (Crl.Side) for R1 Mr.Buwaneshwari for R2.
ORDER
This petition has been filed praying to cancel the Anticipatory Bail granted on 12.06.2017 in Crl.O.P.No.9268 of 2017.
2. Heard the learned counsel for the petitioner/defacto complainant and the learned counsel for the 2nd respondent.
3. The learned counsel for the petitioner/defacto complainant has submitted that the second respondent promised to return the amount and requested two weeks time for making payment after obtaining the order of Anticipatory Bail. However, on the contrary, after obtaining Anticipatory Bail, the second respondent is threatening the defacto complainant to withdraw the case. He further submits that to secure the ends of justice, it is necessary to cancel the anticipatory bail granted in Crl.O.P.No.9268 of 2017 dated 12.06.2017 .
4. This court heard the submissions of the learned counsel for the petitioner/defacto complainant and the learned Government Advocate (Crl.Side).
5. The learned counsel for 2nd respondent submits that the second respondent herein who has been arrayed as A-1 has not violated any condition imposed by this court. The learned counsel also relied upon the Ruling of Supreme Court reported in CDJ 2014 SC 1023 [Abdul Basit @ Raju & Others Versus Md.Abdul Kadir Chaudhary and Another] and contended that this Court is not entitled to set aside the bail order already granted.
6. Taking into consideration the facts and circumstances of the case that second respondent/A-2 has not violated any condition imposed by this court, no ground is made out by the petitioner/defacto complainant for cancelling the same. As such, the prayer sought for in this petition cannot be entertained and the petition stands dismissed.
06.09.2017 nvsri To
1. The Inspector of Police District Crime Branch The Nilgiris
2. The Public Prosecutor Officer, High Court, Madras.
S.BASKARAN,J.
nvsri
Crl.O.P.No.13314 of 2017
06.09.2017