Bail should only be cancelled if there is abuse of the concession granted to the accused, and very cogent and overwhelming circumstances are necessary for such an order.

Criminal Original Petition No.10018 of 2013 has been filed by the petitioner to cancel the bail granted to the first respondent / first accused by the learned XI Metropolitan Magistrate, Saidapet, Chennai in Crl.M.P.No.1332 of 2013 by order dated 5.4.2013 and commit him to judicial custody.

2. Criminal Original Petition No.10060 of 2013 has been filed by the petitioner to cancel the bail granted to the respondents 1 and 2 / A.2 and A.3 by the learned XI Metropolitan Magistrate, Saidapet, Chennai in Crl.M.P.No.1176 of 2013 by order dated 19.3.2013 and commit them to judicial custody.

3. The petitioner in both the petitions is the de facto complainant, the first respondent in Crl.O.P.No.10018 of 2013 is A.1 and the respondents 1 and 2 in Crl.O.P.No.10060 of 2013 are A.2 and A.3 in Crime No.42 of 2013 for the offence under Sections 406, 420 and 506(i) I.P.C. on the file of the respondent police.

4. It is the case of the prosecution that the petitioner herein and one Hassan Abdul Kadar are the Director and Managing Director of CCS Infotech Limited. The nature of business of their company is sales and service of Computers, Laptops, computer spares and peripherals. A.1 was running a proprietorship concern in the name and style of M/s.Modern Computers. Subsequently, the said firm was converted into a private limited company in the name and style of M/s.Modern Complete IT Store Private Limited along with A.2. A.1 and A.2 approached the petitioner through A.3 on behalf of the company for supply of Laptops, Desktops and Peripherals on credit basis and assured that they would pay the amount on later date. Believing the words, the petitioner company had supplied materials to the value of Rs.6,61,31,642/-. Towards part discharge of the outstanding amount, cheques signed by A.1 for a sum of Rs.5,36,46,267/- were issued and the same were dishonoured. When the petitioner demanded to settle the liability for the above purchase, A.1 to A.3 had threatened him and also cheated his company. Hence, the petitioner lodged a complaint and the same was registered in Crime No.42 of 2013 on the file of the respondent police. Thereafter, A.1 to A.3 were arrested and remanded to judicial custody on 25.2.2013. Later, A.1 and A.2 and A.3 filed bail petitions in Crl.P.Nos.1332 and 1176 of 2013 respectively before the learned XI Metropolitan Magistrate, Saidapet, Chennai and the learned Magistrate granted bail by order dated 5.4.2013 and 19.3.2013 respectively. Now, the present petitions have been filed by the petitioner for cancellation of the bail granted by the learned XI Metropolitan Magistrate, Saidapet, Chennai to A.1 to A.3.

5. The main submission of the learned counsel appearing for the petitioner is that A.1 was already convicted by the Court in Abudhabi, UAE in Penal Case No.5844 of 2003 on 20.12.2003 for commission of forgery of official documents, squandering and stealing the cash belonging to the company and caused damage to the victim. He was imposed a sentence of a period of six years and a fine of 10200 Dirhams (approximately Rs.1,53,000/-in INR). Further, A.1 is holding two passports in the name of Kannan Gopinath and Krishnamurthy Gopinath bearing Nos.P164631 and A1188637. Based on the conviction by the Abudhabi Court, Look Out Circular was issued through Interpol to all the international Airports. Regional Passport Authorities were also intimated about the criminal prosecution as against A.1 for holding fake passports. Further, learned counsel appearing for the petitioner submitted that the Court below has extended the leniency to grant bail to A.2 and A.3 even though no valid document was produced by them and the reasons assigned by the Court below for granting bail to them are not sound. All these aspects were not considered by the Court below while granting bail. Further, he has submitted that since A.1 is holding two passports, there is every possibility of A.1 fleeing away from the country. Thus, he sought to cancel the bail already gr