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Madras High CourtCMP/448/2022closed

The Management v. S.Sundarraman

2022-01-25Honourable Mr. Justice Paresh Upadhyay,Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

Crl.M.P.No.448 of 2022 in Crl.O.P.No.8854 of 2021 S. KANNAMMAL, J.

This Petition is filed to modify the condition imposed in para (6) in the order dated 12.05.2021 of this Court in Crl.O.P.No.8854 of 2021, as the petitioner is an agricultural cooly and he is not able to deposit the amount.

2. It is the case of the Respondent police that the petitioner and other accused were involved in the process of illegal manufacturing of TASMAC liquor bottles and labels and trying to sold in the black market and hence case was registered against them.

3. When the petitioner moved for anticipatory bail, this Court granted the same with a condition that the petitioner has to pay a sum of Rs.25,000/- (Rupees twenty five thousand only) in favour of "The Dean, Rajiv Gandhi Government Hospital, Chennai" within a period of two weeks from the date of receipt of copy of the order. But the Petitioner has not complied with the conditions imposed. As the two w\eeks time was over, he filed a petition for Page No:1/4

extension of time and this Court also extended further two weeks' time and imposed condition that if the petitioner failed to comply with the condition within the time extended, the order already granted for anticipatory bail shall stand automatically dismissed.

4. Without complying the above conditions, now, the petitioner has filed this petition for modifying the condition, stating that he is not able to mobilize Rs.25,000/- to pay in favour of the Dean, Rajiv Gandhi Government Hospital, Chennai.

5. This Court has ordered Aniticipartory Bail on 12.05.2021 with a condition that the petitioner should pay a sum of Rs.25,000/- to the Dean, Rajiv Gandhi Government Hospital, Chennai, within a period of two weeks. As the Petitioner has not complied with the above order, as per the request of the learned counsel for the Petitioner, further two weeks' time was extended by this Court on 20.01.2022. Since the Petitioner has not complied with the order for the second time also, as per the order of this court dated 20.01.2022, the anticipatory bail granted was automatically vacated and in view of the same, Page No:2/4

this petition has become infructuous.

6. In such a view of the matter, the anticipatory bail granted by this Court is vacated and the petition filed to modify the condition is dismissed as infructious. The Respondent police is directed the take necessary action to secure the petitioner/accused for judicial remand. 15.03.2022 ggs Page No:3/4

S. KANNAMMAL, J ggs Crl.M.P.No.448 of 2022 in Crl.O.P.No.8854 of 2021 15.03.2022 Page No:4/4