Undisputedly, before the passing of the impugned order, numberopportunity of hearing was afforded to the appellants as such, the impugned order is per se fit to be set aside on this ground alone.
Nos.7647 7648/2008 Heard learned companynsel for the parties.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 companysider the petition for recall on its own merits in accordance with law after giving opportunity of hearing to 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.
Heard learned companynsel for the parties.
Criminal Appeal No.1400/2009 S.L.P. Crl.
No.7116/2008 Leave granted.
