Madras High CourtCRL MP/3092/2020rejected

Durgadevi v. Chandrasekaran

2022-06-30Honourable Mr Justice D.Bharatha Chakravarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.06.2022 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.M.P.No.3092 of 2020 in Crl.R.C.No.72 of 2020 Durgadevi ..

Petitioner Vs Chandrasekaran ..

Respondent Prayer: Criminal Miscellaneous Petition filed under Section 482 of the Code of Criminal Procedure to modify the condition to deposit a further sum of Rs.5,00,000/- (Rupees Five Lakhs only) within a period of four weeks thereafter, before the Trial court, imposed by this Court in Crl.M.P.No.391 of 2020 in Crl.R.C.No.72 of 2020 dated 13.01.2020.

For Petitioner : Mr.M.Govindaraju

ORDER

Today when the matter came up for hearing, the petitioner has filed an application to further modify the condition of deposition of Rs.5,00,000/- imposed by this Court.

2. Upon considering the overall facts and circumstances of this case, such a condition cannot be modified when the petitioner has not undertaken to pay the said sum and has got the relief of suspension of sentence. This Court, cannot review its own order and in the name of modification. This Court, cannot sit on appeal over the earlier order passed in the same matter. Therefore, the prayer to modify the order is rejected.

3. However, considering the facts and circumstances of this case, and the prayer made by learned counsel for the petitioner, time is extended for a period of six weeks from today (i.e) 30.06.2022. It is made clear that no further extension of time will be granted. If

the said sum is not deposited within such extended time, the suspension of sentence order granted by this Court shall stand vacated automatically and the respondent complainant will be entitled to approach the Trial court and the Trial court can issue / execute the warrant and commit the petitioner into prison to undergo sentence.

-sd/- 30/06/2022 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 II ADDITIONAL DISTRICT JUDGE, TINDIVANAM 2 THE JUDICIAL MAGISTRATE, NO.I, TINDIVANAM 3 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM [FOR INFORMATION] +1 C.C. to M/S.M.GOVINDARAJU Advocate on payment of necessary charges SR.NO.10494 Order in CRL MP.3092/2020 in CRL RC.72/2020 Date :30/06/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format JPA 04/07/2022