J.Vittal Raj v. B.Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Fourth day of February Two Thousand Twenty PRESENT The Hon`ble Mr Justice R. MAHADEVAN CRIMINAL MISCELLANEOUS PETITION No.2244 of 2020 IN CRL RC.44/2020 J.VITTAL RAJ [ PETITIONER / ACCUSED ] Vs B.KUMAR [ RESPONDENT ] Petition praying that in the circumstances stated therein the High Court will be pleased to modify the conditions in the order made in Crl.Mp.No.231 of 2020 in Crl.RC.No.44/2020 that to deposit the amount Rs.2,25,000/- Before the Chief Metropolitan Magistrate Court, Egmore, Chennai instead of before the trial court learned XX Metropolitan Magistrate, at Allikulam, Chennai Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S. N.KANNAN, Advocate for the petitioner and of M/S.K.

BALAJI Advocate on behalf of the Respondent the court made the following order:- This Court, by order dated 13.01.2020, directed the petitioner to deposit a sum of Rs.2,25,000/- to the credit of C.C.No.1730 of 2017 before the trial Court, viz., learned XX Metropolitan Magistrate, Rippon Buildings, Chennai within four weeks from the date of receipt of a copy of the order and thereafter, release him on bail, on executing bond etc. Seeking modification of the said condition, the petitioner has filed the present petition.

2.It is averred in the affidavit filed in support of this petition that when the petitioner filed a memo seeking permission to deposit the amount, the trial Court directed him to deposit the amount at Cash Counter, CMM Court, Egmore. When the petitioner tried to deposit the amount before CMM Court, Egmore, they refused to receive the same, since there was no direction issued to them to that effect, in the order passed by this Court. Hence, this Criminal Miscellaneous Petition.

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3.This Court, after hearing the learned counsel for the petitioner and upon perusal of the affidavit filed in support of this petition, directs the petitioner to deposit the sum of Rs.2,25,000/- before the trial Court, within a period of one week from the date of receipt of a copy of this order. On such deposit being made, the trial Court shall accept and act upon, as per the order of this Court dated 13.01.2020 in Crl.MP.No.231 of 2020 in Crl.RC.No.44 of 2020.

4.Accordingly, this petition is disposed of.

-sd/- 24/02/2020 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 V ADDITIONAL SESSIONS JUDGE, CHENNAI.

2 THE METROPOLITAN MAGISTRATE NO.XX, RIPON BUILDING, CHENNAI.

3 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] +1C.C. to M/S. N.KANNAN Advocate on payment of necessary charges SR NO.3609 Order in CRL MP.2244/2020 in CRL RC.44/2020 Date :24/02/2020 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format https://hcservices.ecourts.gov.in/hcservices/ MK:04/03/2020