This court cancelled the anticipatory bail granted to three accused in a criminal breach of trust case. The accused failed to comply with bail conditions regarding property document deposit and police interrogation, prompting the cancellation.
Anticipatory bail granted to accused on 09.03.2022 is cancelled; Respondent Police directed to take appropriate steps.
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Crl.M.P.No.8691 of 2022 in Crl.O.P.No.2513 of 2022
A.D.JAGADISH CHANDIRA , J.
This Criminal Miscellaneous Petition has been filed seeking to cancel the anticipatory bail granted to the respondents 1 to 3 on 09.03.2022 in Crl.O.P.No.2513 of 2022.
namely, D.Harikrishnan, Manager of the “Vishal Film Factory” is that the first accused was working as an Accountant, one Sivaganesan was working as an Assistant and one Sarvanan was working as a Cashier. The first accused was in charge of all the accounts and income tax transactions. While so, the first accused along with other accused, by fabrication of documents, falsification of accounts and illegal diversion of funds, had committed criminal breach of trust and
misappropriated amount to the tune of Rs.45,00,000/-.
conditions that the first accused is directed to deposit original documents of immovable property either belonging to her or her relatives or friends worth Rs.20,00,000/- (Rupees Twenty lakhs only) to the credit of Crime No.503 of 2020, before the learned XXIII Metropolitan Magistrate Court, Saidapet and also directed all the accused to report before the respondent police on every day for a period of one week and thereafter on every Saturday on 10.30 am, for interrogation until further orders.
to respondents 1 to 3 and also to the counsels who appeared for them at the time of anticipatory bail. The learned counsels who appeared for respondents 1 to 3 at the time of anticipatory bail reported no instruction and thereby, fresh notice was
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ordered to respondents 1 to 3. The private notice sent to the address of the accused/respondents 1 to 3 which was given in the anticipatory bail application, was returned stating that no such person in the address. Thereby, at the request of the learned counsel for the petitioner, this Court, by an order dated 21.09.2023 in Crl.M.P.No.15168 of 2023, had directed the petitioner to take notice by substituted service by way of paper publication. Pursuant to which, paper publication was effected on 27.09.2023 in the vernacular newspaper Dinathanthi and thereafter, Affidavit of Service has been filed.
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before the respondent police on every day for a period of one week and thereafter, on every Saturday on 10.30 am, for interrogation until further orders. Whereas, the accused/ respondents 1 to 3 have neither surrendered and executed sureties before the learned Magistrate nor complied with the condition of depositing the original documents and also not appeared before the respondent Police for the purpose of interrogation. Thereby, the accused have violated the order passed by this Court. Therefore, he prayed to cancel the anticipatory bail granted to the accused.
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materials available on record.
A.D.JAGADISH CHANDIRA, J.
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ham
Criminal Miscellaneous Petition is allowed and the order of anticipatory bail granted to the petitioner on 09.03.2022 stands cancelled. The Respondent Police is directed to take appropriate steps.
03.11.2023
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Crl.M.P.No.8691 of 2022 in Crl.O.P.No.2513 of 2022
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2 issues framed by the court
Whether the order of anticipatory bail granted to the accused can be cancelled due to their failure to comply with court orders.
Whether the accused violated conditions by failing to surrender, deposit documents, or appear for interrogation.
A.D.JAGADISH CHANDIRA
Respondents 1 to 3
A.D.JAGADISH CHANDIRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
