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Madras High CourtCRL MP/12083/2017ordered

Mr.D. Sathyamoorthy, v. Mrs. K. Parvathy,

2017-09-21Honourable Mr Justice R. Suresh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty First day of September Two Thousand Seventeen PRESENT The Hon`ble Mr Justice R. SURESH KUMAR CRIMINAL MISCELLANEOUS PETITION No.12083 & 12084 of 2017 IN CRL RC.1024 & 1025 /2017 and CRL.RC.NO.1026 OF 2017 D. SATHYAMOORTHY, [ PETITIONER IN ALL THE PETITIONS ] Vs K. PARVATHY, [ RESPONDENT IN ALL THE PETITIONS ] Petition praying that in the circumstances stated therein the High Court will be pleased to [I]extend four weeks time to the petitioner to deposit a sum of Rs. 3 Lakhs to the credit of C.C.No.1007 of 2010 on the file of Learned Metropolitan Magistrate, (FTC-IV), George Town,IN CRL.MP.9652/2017,and thus render thus render justice.

[CRL.MP.NO.12083/2017] [II]extend four weeks time to deposit a sum of Rs.3 Lakhs to the credit of C.C.No.2516/2010 on the file of Learned Metropolitan Magistrate, (FTC-IV), George Town. IN CRL.MP.9654/2017,and thus render thus render justice.[CRL.MP.NO.12084/2017] Order : These petitions coming on for orders upon perusing the petition and upon hearing the arguments of M/S.T.SATHYAMOORTHY Advocate for the petitioner [IN ALL THE PETITIONS] the court made the following order:- These two petitions have been filed to seek extension of time to comply with the order passed by this Court dated 02.08.2017.

2. This Court by order dated 02.08.2017, while granting an order to suspend the sentence imposed against the petitioner in three revision cases i.e., Crl.R.C.Nos.1024, 1025 and 1026 of 2017, has imposed certain conditions. According to said conditions, the petitioner shall deposit a sum of Rs.3,00,000/- (Rupees three lakh only) each insofar as Crl.R.C.Nos.1024 and 1025 of 2017 are concerned to the credit of the respective C.C. numbers before the trial Court, and deposit a sum of Rs.1,00,000/- (Rupees one lakh only) in Crl.R.C.No.1026 of 2017. The said payment should have been made within a period of six weeks.

3. Pursuant to the said order, the petitioner has deposited a sum of Rs.1,00,000/- on 13.09.2017 insofar as, Crl.R.C.No.1026 of 2017 is concerned, therefore, in that case, the conditional order has been complied with. However, insofar as the other two revision cases i.e, Crl.R.C.Nos.1024 and 1025 are concerned, these two petitions now have been filed seeking extension of time to comply with the order of this Court dated 02.08.2017.

4. Mr.T.Sathyamoorthy, learned counsel appearing for the petitioner would submit that steps have been taken to mobilize the funds and if only the very short time of one week is given in respect of Crl.R.C.No.1024 of 2017 and two weeks time is given in respect of Crl.R.C.No.1025 of 2017, certainly, the petitioner would comply with the order dated 02.08.2017.

5. Though notice have been served on the respondent and the counsel has entered appearance on behalf of the respondent and the counsel name has also been shown in the cause list, no one appeared for the respondent.

6. In view of the said submission made by the learned counsel appearing for the petitioner, as at least, in one case, the conditional order had been complied with, enabling the petitioner to comply with the order passed in the remaining two cases, the following orders are passed:

i) Insofar as the Crl.M.P.No.12083 of 2017 in Crl.R.C.No. 1024 of 2017 is concerned, further time of ten days is given from today to comply with the conditional order imposed by this Court dated 02.08.2017. Insofar as Crl.M.P.No.12084 of 2017 in Crl.R.C.No.1025 of 2017 is concerned, further time of two weeks from today is given to comply with the conditional order passed by this Court dated 02.08.2017. With these, order of extension of time, these petitions are disposed of.

-sd/- 21/09/2017 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 IV ADDITIONAL SESSIONS JUDGE AT CHENNAI 2 THE METROPOLITAN MAGISTRATE, FAST TRACK COURT-IV, GEORGE TOWN,CHENNAI 3 THE CHIEF METROPOLITAN MAGISTRATE,EGMORE[FOR INFORMATION] +2 C.C. to M/S.T.SATHYAMOORTHY Advocate on payment of necessary charges SR.NO. 18215,18216 Order in CRL MP.12083 & 12084 /2017 in CRL RC.1024 & 1025 /2017 and CRL.RC.NO.1026 OF 2017 Date :21/09/2017 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RD 21/09/2017