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2014 DIGILAW 1782 (MAD)

Dalichand v. Mohan Bishonoi @ Munna

2014-06-30

T.S.SIVAGNANAM

body2014
Judgment : 1. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (crl.side) appearing for the second respondent. 2. This Criminal Revision Case is directed against the order passed by the VIII Metropolitan Magistrate, George Town, Chennai, dated 06.12.2013 in Crime No. 1458 of 2011 and set aside the same and direct the second respondent police to arrest the first respondent/accused and commit him to custody by cancelling the bail granted to the first respondent/accused in Crl.M.P.No. 2900 of 2012 in Crime No. 1458 of 2011 on the file of the VIII Metropolitan Magistrate, George Town, Chennai. 3. The petitioner is the defacto complainant and he filed a Miscellaneous Petition before the Court below to cancel the bail granted to the first respondent. The prosecution also opposed the bail granted to the first respondent on the ground that the bail conditions have not been complied with. The Court below rejected the Application filed by the defacto complainant for two reasons. Firstly, the amount said to have been received from the defacto complainant was spent by the accused in a very lavish manner and that the confession statement accused given before the Rajasthan Police was recorded. The second reason being that the Crl.O.P.No. 963 of 2013 filed by the petitioner/complainant is pending before this Court. 4. After hearing the learned counsel for the parties and perusing the materials placed on record, it is to be noted that this Court by order dated 24.6.2014, allowed the Criminal Original Petition No. 963 of 2013 and transferred the investigation to CBCID, Chennai. The operative portion of the order reads as follows: “9. Accordingly, the case in Crime No. 1458/2011, on the file of the respondent police, shall stand transferred to the file of the CB CID, Chennai for fresh investigation. The respondent police is directed to hand over all the records forthwith to CB CID. This criminal original petition is allowed.” 5. It is to be noted that in the instant case, the respondent Police have also stated that the accused has not complied with the conditions imposed by the Court while granting bail. In such circumstances, the bail granted to the accused deserves to be cancelled. 6. Accordingly, the Criminal Revision Case is allowed and the bail granted to the first respondent/accused stands cancelled. In such circumstances, the bail granted to the accused deserves to be cancelled. 6. Accordingly, the Criminal Revision Case is allowed and the bail granted to the first respondent/accused stands cancelled. Since the case has already been transferred to the file of CBCID, Chennai, it is open to the CBCID, Chennai, to secure the accused.