Pradeep v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Sixteenth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL MISCELLANEOUS PETITION No.7746 & 7747 of 2021 IN CRL OP.19355/2020 B.PRADEEP [ PETITIONER IN BOTH THE PETITONS ] Vs STATE REP BY [ RESPONDENT THE INSPECTOR OF POLICE, IN BOTH THE PETITONS] CENTRAL CRIME BRANCH, SALEM (CRIME NO.10/2020) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to (i) modify the condition that via para 7 (d) to deposit a sum of Rs3,00,000/- instead of Rs.8,30,000/- which were imposed by the Honble High Court, Madras by order dated 04.03.2021 in Crl.O.P.No.19355/2020 (Crl.M.P.No.
7746/2021) (ii) to extend of time to comply the condition that, which were imposed by the Hon`ble High Court, Madras by order dated 04.03.2021 in Crl.O.P.No.19355/2020 (Crl.M.P.No.7747/2021) 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 SARAVANAN P., Advocate for the petitioner and of M/S. C.E.PRATAP, Govt. Advocate ( Crl. Side) on behalf of the Respondent the court made the following order:- (The case has been heard through video conference) The present petition has been filed to modify the condition imposed on the petitioner in Paragraph No.7 Clause (d) of the order dated 16.08.2021 passed by this Court in Crl.O.P.No.19355 of 2020 in relation to the non-refundable deposit of Rs.8,30,000/- and to extend the time for complying the condition.
2. This Court vide order dated 04.03.2021 in Crl.OP.No.19355 of 2020, while granting anticipatory bail to the petitioner/accused, imposed the aforesaid condition.
3.The learned counsel for the petitioner submits that in an earlier occasion, the petitioner has filed anticipatory bail application in Crl.OP.No.19355 of 2020 in which the petitioner without prejudice to his defence and contention and on his own volition was ready to deposit a sum of Rs.8,30,000/- to the credit of Crime No.10 of 2020 and on the above said ground, the anticipatory bail was granted. However, the petitioner has only deposited Rs.3,00,000/- and the balance payment of Rs.5,30,000/- was not paid. Hence, the present petition has been filed on the ground that due to Covid-19, the petitioner could not mobilize the funds. Hence, he prays for allowing this modification petition.
4. Considering the facts and circumstances of the case and the fact that in an earlier occasion, this court has granted anticipatory bail on the ground that the petitioner on his own volition was ready to deposit a sum of Rs.8,30,000/- to the credit of Crime No.10 of 2020. Now, the learned counsel for the petitioner has come forward with some other reasons to modify the condition and the same cannot be entertained. Accordingly, this modification petition is dismissed. However, the time is extended for a period of 4 weeks from the date on which the order copy made ready, failing which, the law enforcing agency is directed to secure the accused and the anticipatory bail granted by this court is automatically vacated. -sd/- 16/08/2021 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 NO.III, SALEM 2 THE CHIEF JUDICIAL MAGISTRATE SALEM [FOR INFORMATION]
3 THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, SALEM CITY, SALEM 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+2 C.C. to M/S SARAVANAN P. Advocate on payment of necessary charges SR.No.8597,8596 Order in CRL MP.7746 & 7747/2021 in CRL OP.19355/2020 Date :16/08/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format APN 22/09/2021