Madras High Court
Naina Ravi vs M.Rafi on 1 February, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.02.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
CRL.OP No.11175 of 2023
Naina Ravi ..Petitioner/ Respondent/Accused-2
.Vs.
1.M.Rafi
2.The Inspector of Police
City Crime Branch
Coimbatore City. ..Respondent/Complainant
(R2 impleaded as per order dt.9.1.2024
in Crl.OP.No.11175 of 2023)
PRAYER : Criminal Original Petition filed under Section 482 of Criminal
Procedure Code, to call for the records pertaining to CMP.No.45094 of 2022 in
CC.No.1570 of 2020, passed by the Judicial Magistrate No.VII, Coimbatore and
set aside the order dated 26.12.2022 by allowing this petition.
For Petitioner : Mr.K.N.Balasubramaniam
For Respondent : Mr.A.Gopinath
Government Advocate (Crl.Side) for R2
https://www.mhc.tn.gov.in/judis
2
ORDER
This petition has been filed challenging the order passed by the Court
below in CMP.No.45094 of 2022, dated 26.12.2022, issuing non-bailable
warrant against the petitioner to secure him and to produce him before the
Court.
2.Heard Mr.K.Balasubramaniam, learned counsel for the petitioner and
Mr.A.Gopinath, learned Government Advocate (Crl.Side) for the R2.
3.The petitioner was an accused in Crime No.61 of 2019, which was
registered for alleged offence under Sections 120(b), 406, 420 and 506(1) IPC.
The petitioner apprehended arrest and therefore, filed an anticipatory bail
petition before this Court in Crl.OP.No.34132 of 2019. This Court by an order
dated 13.01.2020, granted anticipatory bail to the petitioner by imposing
certain conditions. One such condition that was imposed was that the
petitioner should pay to the de facto complainant a sum of Rs.1.10 crores on or
before 17.6.2020.
4.The petitioner seems to have sought for extension of time and it was
dismissed as withdrawn. Thereafter, the petitioner was not able to mobilize the
funds and therefore, he filed a petition for modification. It is stated that this
petition was returned and thereafter, it was not represented and prosecuted.
https://www.mhc.tn.gov.in/judis
5.In the meantime, the petitioner also filed a quash petition before this
Court in Crl.OP.No.491 of 2021 and this quash petition came to be dismissed by
an order dated 5.8.2022.
6.The de facto complainant filed an application under Section 437(5)
Cr.PC in CMP.No.45094 of 2022, before the Court below on he ground that the
petitioner did not comply with the condition imposed by the High Court and did
not deposit the money and therefore, the bond executed by the petitioner must
be cancelled and non-bailable warrant must be issued against the petitioner to
secure the petitioner.
7.The Court below by an order dated 26.12.2022, passed an order
cancelling the bond executed by the petitioner and issued non-bailable warrant
to secure the petitioner.
8.The above order has been challenged by the petitioner mainly on the
ground that the Court below did not give any opportunity to the petitioner
before cancelling the bond.
9.In the considered view of this Court, there is no dispute with regard to
the fact that the petitioner did not pay the amount as directed by this Court.
The petitioner also did not effectively take any steps to seek for modification of
the condition. Therefore, there was violation of the condition imposed by this
Court and the Court below has rightly invoked the judgment of the Apex Court
https://www.mhc.tn.gov.in/judis
in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] and cancelled
the bond executed by the petitioner and issued non-bailable warrant. Even if
notice had been issued to the petitioner before the order was passed, the
petitioner could not have been placed in a better position. The fact remains
that the petitioner did not pay the amount as directed by this Court which is in
violation of the condition imposed by this Court while granting anticipatory bail.
Therefore, it has to necessarily result in cancellation of the bond and issuance
of non-bailable warrant.
10.This Court finds that there are absolutely no grounds to interfere with
the Order passed by the Court below and accordingly, this criminal original
petition stands dismissed.
01.02.2024
Speaking Order/Non-Speaking Order
Index: Yes/No
Internet: Yes/No
kp
https://www.mhc.tn.gov.in/judis
To
1.The Inspector of Police
City Crime Branch
Coimbatore City.
2. Judicial Magistrate No.VII,
Coimbatore.
3.The Public Prosecutor,
High Court, Madras.
N.ANAND VENKATESH.J.,
https://www.mhc.tn.gov.in/judis
kp
01.02.2024
https://www.mhc.tn.gov.in/judis
