IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1400 OF 2009 (Arising out of S.L.P. (Crl.) No.7116 of 2008)

P. Sundarajan & Ors.                        ...Appellant(s)

Versus

State Rep. by Inspector of Police & Anr.     ...Respondent(s)

With S.L.P. (Crl.) Nos.7647-7648 of 2008

O  R  D  E  R

Criminal Appeal No.1400/2009 @ S.L.P. (Crl.) No.7116/2008:

Leave granted.

Heard learned counsel for the parties.

By  the  impugned  order,  the  Madras  High  Court  has  

recalled  its  earlier  order  passed  on  5th August,  2008  in  

Criminal O.P. No.18985 of 2008 whereby anticipatory bail was  

granted to the appellants.  Undisputedly, before the passing  

of the impugned order, no opportunity of hearing was afforded  

to the appellants; as such, the impugned order is per se fit  

to be set aside on this ground alone.

In the result, the appeal is allowed, impugned order  

rendered by the High Court is set aside and the matter is  

remitted to it to consider the petition for recall on its own  

merits in accordance with law after giving opportunity of  

hearing to the parties.

...2/-

- 2 -  

S.L.P. (Crl.) Nos.7647-7648/2008:

Heard learned counsel for the parties.

In our view, the petitioner should appear before the  

court concerned and apply for regular bail.  In case such an  

application is filed, the same shall be considered on its own  

merits without being influenced by any observation made in  

the impugned order.

The  special  leave  petitions  are,  accordingly,  

disposed of.

......................J.               [B.N. AGRAWAL]

......................J.               [G.S. SINGHVI]

New Delhi, August 03, 2009.