Silambarasan v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.1679 of 2021 SILAMBARASAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, R-1, MAMBALAM POLICE STATION, CHENNAI DISTRICT.
CRIME NO. 05 OF 2021 For Petitioner : M/S. G.MAGESHKUMAR Advocate For Respondent : M/S.M.PRABHAVATHI Additional Public Prosecutor For Intervener : Mr.A.ARUN KUMAR Advocate PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner who was arrested on 05.01.2021 and remanded to judicial custody for the offences under Sections 341, 294(b), 420, 468, 323, 506(i) of IPC in Cr.No.05 of 2021 on the file of the respondent police, seeks bail.
2. When these matters came up for hearing on 22.03.2021, this Court passed the following order:- ''Earlier, this court has granted interim bail with a condition directing the petitioner to deposit a sum of Rs.2,00,000/- before executing sureties and another sum of Rs.5,00,000/- to the credit of crime No.05 of 2020 on the file of the respondent police after four weeks from the date of releasing him on bail. Now, to modify the above condition, the present petition has been filed and the matter is listed for hearing.
2. Today, when the matter taken up for hearing, the learned counsel appearing for the petitioner would submit that in pursuant to the order passed by this Court, he has already deposited a sum of Rs.2,00,000/- and came out on bail on execution of sufficient sureties and he is not in a position to deposit another sum of Rs.5,00,000/- in lumpsum. Hence, he seeks modification of the order. Now, it is stated that he is ready and willing to pay the amount in installments and he is also ready to pay a sum of Rs.2 Lakhs immediately and the remaining amount of Rs.3,00,000/- within a period of four weeks thereafter.
3. Considering the facts and circumstances, the order dated 08.02.2021 passed by this Court is modified to the effect that the petitioner is directed to deposit a sum of Rs.2 Lakhs (Rupees Two lakhs only) on or before 29.03.2021 and the remaining amount of Rs.3,00,000/- (Rupees three lakhs only) within a period of four weeks thereafter. Accordingly, the condition is modified to that effect.
4. Post the matter for further hearing on 29.04.2021.''
3. Today, when the matter taken up for hearing, the learned Additional Public Prosecutor, submitted that the petitioner has not deposited the remaining amount of Rs.5,00,000/- 4.The learned counsel appearing for the petitioner submitted that the petitioner seeks some more time to comply with the condition imposed by this Court.
5.In view of the above, the interim bail granted to the petitioner by this Court dated 08.02.2021 is vacated and the respondent police is directed to secure the custody of the petitioner. -sd/- 29/04/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE XVII METROPOLITAN MAGISTRATE, SAIDAPET, CHENNAI.
2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, R-1, MAMBALAM POLICE STATION, CHENNAI DISTRICT.
5 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.
CC to M/S. G.MAGESHKUMAR Advocate on payment of necessary charges CRL OP.1679/2021 Date :29/04/2021 MN-30/06/2021