IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S).5118-5119 OF 2024 (ARISING OUT OF S.L.P. (CRIMINAL) NO(S).12368-12369/2024)
KULANDAISWAMY & ANR. APPELLANT(S)
VERSUS
THE STATE REP BY THE INSPECTOR OF POLICE RESPONDENT(S)
O R D E R
Leave granted.
Heard the learned counsel appearing for the parties.
The appellants, who are accused nos.1 and 2, have deposited a
sum of Rs.25 lakhs with the Trial Court on 21st October, 2024.
Thus, the appellants have complied with condition no.(i)
incorporated in the impugned order dated 25th July, 2024. In
paragraph 2 of the impugned order dated 25th July, 2024, the High
Court has permitted the said amount to be withdrawn by the
complainant.
An application for anticipatory bail is not a recovery
proceeding, and, therefore, the amount cannot be withdrawn by the
complainant. Accordingly, we set aside paragraph 2 of the impugned
order dated 25th July, 2024 and direct that deposit of the amount of
Rs.25 lakhs by the appellants shall be subject to final outcome of
the trial and the said amount shall be invested in an interest
bearing fixed deposit with any nationalised bank till the
conclusion of the trial.
With the above modification, the order dated 21st June, 2024 as
modified by the order dated 25th July, 2024 passed by the High Court
1
shall continue to operate.
The Appeals are,...