V.Senthil Raja v. R.Dhivya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Fifth day of March Two Thousand Nineteen PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL MISCELLANEOUS PETITION No.4337 & 4338 of 2019 IN CRL.O.P.No.4707 of 2019 1 V.SENTHIL RAJA [ PETITIONER ] 2 R.VADIVEL 3 KAMINI DEVI 4 BHUVANESWARI Vs R.DHIVYA [ RESPONDENT ] Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to (i) To modify order dated 21.02.2019 passed in Crl.M.P.No.2776/2019 in Crl.O.P.No.4707/2019 by reducing the conditional order of deposit from Rs.5,000/- to Rs.3,000/-. (ii) To extend the further time to comply with the conditional order dated 21.02.2019 passed in Crl.M.P.No.2776/2019 in Crl.O.P.No.4707/2019.

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.M.THAMIZHAVEL, Advocate for the petitioner, and of MR. C. RAGHAVAN, Govt. Advocate ( Crl. Side), on behalf of the Respondent, the court made the following order:- The Criminal Miscellaneous Petitions have been filed (i) to modify the order dated 21.02.2019 passed in Crl.M.P.No.2776 of 2019 in Crl.O.P.No.4707 of 2019 by reducing the conditional order of deposit from Rs.5000/- to Rs.3000/- and (ii) to extend the further time to comply with the conditional order dated 21.02.2019 passed in Crl.M.P.No.2776 of 2019 in Crl.O.P.No.2707 of 2019.

2. Heard both side.

3. The conditional order in Crl.M.P.No.2776 of 2019 in Crl.O.P.No.4707 of 2019 passed by this Court, by an order dated 21.02.2019 which reads as follows:

"that the petitioner shall deposit a sum of Rs.5000/- to the respondent before the 5th of every English calendar month, to the credit of D.V.C.No.2 of 2018, on the file of the learned Judicial Magistrate Court - II, Krishnagiri, as ad-interim maintenance, without prejudice to both the parties. On such deposit being made, the respondent is entitled to withdraw the same. For the month of February, 2019, the said sum of Rs.5000/- shall be deposited on or before 28.02.2019".

4. Considering the facts and circumstances of the case, this Court is not satisfied with the reasons submitted by the learned counsel for the petitioner. However, this court is directed the petitioner to comply with the condition imposed in Crl.M.P.No.2776 of 2019 in Crl.O.P.No.2707 of 2019 passed by this Court, by an order dated 21.02.2019 and further time extended to comply with the same on or before 12.04.2019.

5. With the above directions, the Criminal Miscellaneous Petitions are closed.

-sd/- 25/03/2019 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 COURT, NO.II, KRISHNAGIRI.

2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI. [FOR INFORMATION]

+1 C.C. to M/S.M.THAMIZHAVEL Advocate on payment of necessary charges SR.NO.6165 Order in CRL MP.4337 & 4338/2019 in CRL.O.P.NO.4707/2019 Date :25/03/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-03/04/2019