Dhanalakshmi v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Twelfth day of April Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL MISCELLANEOUS PETITION No.4880 & 48882 of 2022 IN CRL OP.14083 & 14080 of 2021 DHANALAKSHMI [PETITIONER IN CRL.M.P.NO.4880/2022 IN CRL.O.P.NO.14083/2021] LOGANATHAN [PETITIONER IN CRL.M.P.NO.4882/2022 IN CRL.O.P.NO.14080/2021] Vs STATE REP BY [RESPONDENT IN BOTH THE PETITIONS] THE INSPECTOR OF POLICE, T-2, AMBATTUR POLICE STATION, CHENNAI.
CR.NO.125 OF 2021.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to modify the condition of deposit of Rs.50000/- imposed in Crl.O.P.Nos.14083 & 14080/2021 in dated 12.08.2021 by this Hon`ble Court. (Crl.M.P.Nos.4880 & 4882/2022 in Crl.O.P.Nos.14083 & 14080/2021) Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S. R.PREMANANDHAN, Advocate for the petitioner [IN BOTH THE PETITIONS] and of MR.S.UDHAYAKUMAR, Govt. Advocate ( Crl. Side), on behalf of the Respondent, [IN BOTH THE PETITIONS] the court made the following order:- The petitioners have filed these petitions seeking to modify the conditional amount imposed in the order dated 12.08.2021 made in Crl.O.P.Nos.14083 and 14080 of 2021 respectively. 2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side).
3.The petitioners are alleged to have trespassed into the land of the defacto complainant and damaged the construction using JCB and were also digging to install borewell in the property and caused damage to the tune of Rs.5,63,500/-. When the same was questioned by the defacto complainant, the petitioners are alleged to have threatened to eliminate the defacto complainant. Hence, the defacto complainant lodged complaint before the law enforcing agency and based on the said complaint the case was registered and the petitioners were arrested and remanded to judicial custody. 4.Thereafter, the petitioners filed petitions seeking bail in Crl.M.P.Nos.2277 and 2286 of 2021 respectively, before the Principal District Court/ Vacation Court, Tiruvallur and the learned Vacation Judge, Tiruvallur vide separate orders dated 26.05.
2021 granted bail to the petitioners with certain conditions. One of the condition is that 'the petitioner shall surrender before the Judicial Magistrate, Ambattur on 23.06.2021 and shall execute a fresh bond for a sum of Rs.10,000/- with two sureties for a like sum each and on depositing a sum of Rs.50,000/- before the said Magistrate to the credit of Crime No.125/2021 of Ambattur Estate Police Station'. Since the petitioners were not able to comply the said condition within the said time frame, they filed Crl.O.P.Nos.14083 and 14080 of 2021 respectively, before this Court seeking extension of time. 5.This Court vide separate orders dated 12.08.2021 made in Crl.O.P.Nos.14083 and 14080 of 2021 respectively, extended the time by a further period of two weeks from the date of receipt of a copy of the order.
However, the petitioners without complying with the aforesaid condition, has filed these petitions seeking to modify the conditional amount.
6.The condition was imposed on the petitioners on 26.05.2021. Thereafter, the petitioners filed petitions seeking extension of time before this Court agreeing to comply with the condition and therefore this Court extended the time on 12.08.2021. Hence, filing of petitions seeking to modify the conditional amount later is not sustainable.
7.At this juncture, the learned counsel appearing for the petitioners seek to grant further time to comply with the order dated 12.08.2021 made in Crl.O.P.Nos.14083 and 14080 of 2021 respectively. 8.These petitions are dismissed. However, considering the request made by the learned counsel appearing for the petitioners, time granted by this Court in the order dated 12.08.2021 made in Crl.O.P.Nos.14083 and 14080 of 2021 respectively, is further extended
by a period of two weeks from the date of receipt of a copy of this order.
-sd/- 12/04/2022 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 JUDICIAL MAGISTRATE, AMBATTUR.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR. [FOR INFORMATION] 3 THE PRINCIPAL DISTRICT SESSION JUDGE/VACATION COURT, TIRUVALLUR.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE INSPECTOR OF POLICE, T-2, AMBATTUR ESTATE POLICE STATION, CHENNAI.
+2 C.C. to M/S. R.PREMANANDHAN Advocate on payment of necessary charges SR.NO.5652, 5653 Order in CRL MP.4880 & 4882/2022 in CRL OP.14083 & 14080/2021 Date :12/04/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-20/04/2022