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Madras High CourtCRL MP/12543/2017ordered

D.Sathyamoorthy, v. K.Parvathy,

2017-10-06Honourable Dr. Justice S. Vimala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Sixth day of October Two Thousand Seventeen PRESENT The Hon`ble Dr. Justice S. VIMALA CRIMINAL MISCELLANEOUS PETITION No.12543 of 2017 IN CRL RC.1025/2017 D.SATHYAMOORTHY [ PETITIONER ] Vs K.PARVATHY [ RESPONDENT ] Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in CRL RC.1025/2017 on the file of the High Court, the High Court will be pleased to extend four weeks time from 06.09.2017 to depost a sum of Rs.3 Lakhs to the credit of C.C.No.2516 of 2010 on the file of Learned Metropolitan Magistrate, (FTC-IV) George Town., so as to enable the petitioner herein to comply with the condition imposed by this Hon'ble Court in Crl.M.P.No.12084 of 2017 in Crl.R.C.No.1025 of 2017 [IN CRL.MP.NO.

12543 OF 2017] Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in CRL RC.1025/2017 on the file of the High Court and upon hearing the arguments of M/S.T.SATHYAMOORTHY, Advocate for the petitioner, the court made the following order:- By order dated 02.08.2017, this Court has passed a conditional order directing the accused / petitioner therein to deposit a sum of Rs.3,00,000/- in Crl. Rc No.1024 of 2017; a sum of Rs.3,00,000/- in Crl. Rc No.1025 of 2017 and a sum of Rs.1,00,000/- in Crl. Rc. No.1026 of 2017.

2. It is represented that the said conditional order has been complied with respect to two revisional cases i.e. Crl. Rc. No.1024 and 1026 of 2017 and only in respect of Crl. RC No.1025 of 2017, a sum of Rs.3,00,000/- ought to have been deposited and because of the financial constraint, the accused is not able to deposit on which ground, extension of time is sought for in this Crl. M.P.

3. No doubt, this Court has passed the conditional order stipulating that non obeyance of the conditional order would result in automatic dismissal of the petition. However, this conditional order will not take away the jurisdiction of this Court to order extension of time considering the facts and circumstances of the case.

4. On being satisfied with the circumstances stated by the learned counsel appearing for the accused, time for complying with the said conditional order, dated 02.08.2017 is extended by three weeks from the date of receipt of the copy of this order.

5. Post after three weeks.

-sd/- 06/10/2017 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 METROPOLITAN MAGISTRATE, [FAST TRACK COURT IV] GEORGE TOWN, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE,CHENNAI [FOR INFORMATION] +1C.C. to M/S.T.SATHYAMOORTHY Advocate on payment of necessary charges SR NO.18965 Order in CRL MP.12543/2017 in CRL RC.1025/2017 Date :06/10/2017 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MK:10/10/2017