R. Elavazhagan @ Babu v. Pankajam Vilwanathan (SC)
: Law Finder Doc Id # 826895
2017(2) JT 274
SUPREME COURT OF INDIA
Before :- Kurian Joseph and A.M. Khanwilkar, JJ.
Criminal Appeal Nos. 204-205 of 2017 (@ Special Leave Petition (Crl.) No. 7088-7089 of 2012). D/d.
R. Elavazhagan @ Babu - Appellants
Pankajam Vilwanathan & Ors. - Respondents
For the Appellants :- Ratnakar Dash, Sr. Adv., G. Sivabalamurugan, Ms. Vandana, Advocates.
For the Respondents :- Ms. Mahalakshmi Pavani, Sr. Adv., P.V. Yogeswaran, Ms. Shiva Vijaya Kumar, V. Susheetha, M. Yogesh Kanna, Ms. Nithya, Advocates.
Criminal Appeal - Bail - Though appellant was on regular bail, High Court, in impugned order, directed cancellation of anticipatory bail and custodial interrogation and further directed for investigation - Appellant has been on regular bail while High Court passed impugned order - Appeals disposed of by clarifying that appellant shall cooperate with investigation and in case, there is non-cooperation on part of appellant, it will be open to Investigating Officer to seek for cancellation of the regular bail.
[Paras 2, 3 and 5]
Kurian, J. - Leave granted.
2. The appellant has mainly two grievances- i)Though the appellant was on regular bail, the High Court, in the impugned order, has directed cancellation of the anticipatory bail and custodial interrogation;
ii) There is a direction in the impugned order for further investigation.
3. It is an undisputed position that the appellant has been on regular bail while the High Court passed the impugned order.
4. In that view of the matter, in our view, nothing survives in this appeal since the appellant cannot, in any way, stall the further investigation, as ordered by the High Court in the impugned order.
5. Therefore, these appeals are disposed of making it clear that the appellant shall cooperate with the investigation and in case, there is non-cooperation on the part of the appellant, it will be open to the Investigating Officer to seek for cancellation of the regular bail.
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