R.Elavazhagan @ Babu vs Pankajam Vilwanathan .

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NOs. 204-205 OF 2017 [ @ SPECIAL LEAVE PETITION (CRL.) NO. 7088-7089 OF 2012 ]

R.ELAVAZHAGAN @ BABU Appellant(s)

VERSUS

PANKAJAM VILWANATHAN & ORS. Respondent(s)

J U D G M E N T

KURIAN, J.

1. 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 Signature Not Verified

survives in this appeal since the appellant cannot, Digitally signed by JAYANT KUMAR ARORA Date: 2017.02.02 15:54:28 IST Reason:

in any way, stall the further investigation, as

ordered by the High Court in the impugned order. 2

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.

.......................J. [ KURIAN JOSEPH ]

.......................J. [ A. M. KHANWILKAR ]

New Delhi;

January 31, 2017.

3

ITEM NO.4 COURT NO.7 SECTION IIC

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s). 7088-7089/2012

(Arising out of impugned final judgment and order dated 27/07/2012 in MP No. 1/2009 27/07/2012 in CRLOP No. 24182/2009 27/07/2012 in CRLOP No. 26663/2007 passed by the High Court Of Madras)

R.ELAVAZHAGAN @ BABU Petitioner(s)

VERSUS

PANKAJAM VILWANATHAN & ORS. Respondent(s) (with application for exemption from filing O.T. and stay and office report) Date : 31/01/2017 These petitions were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE A.M. KHANWILKAR

For Petitioner(s) Mr. Ratnakar Dash, Sr. Adv.

Mr. G. Sivabalamurugan, Adv.

Ms. Vandana, Adv.

For Respondent(s) Ms. Mahalakshmi Pavani, Sr. Adv.

Mr. P. V. Yogeswaran, Adv.

Ms. Shiva Vijaya Kumar, Adv.

Mr. V. Susheetha, Adv.

Mr. M. Yogesh Kanna, Adv.

Ms. Nithya, Adv.

UPON hearing counsel the Court made the following O R D E R

Leave granted.

The appeals are disposed of in terms of the signed

non-reportable Judgment

Pending interlocutory applications, if any, stand disposed

of.

(Jayant Kumar Arora) (Renu Diwan) Court Master Assistant Registrar

(Signed non-reportable Judgment is placed on the file) 4