Jayabalan v. State Rep By
Crl.M.P.Nos.6220 & 6222 of 2023 in Crl.O.P.No.5533 of 2023 A.D.JAGADISH CHANDIRA.,J.
The petition in Crl.M.P.No.6220 of 2023 has been filed to modify the condition 7 and 7(b) that the petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) to the credit of Crime No.365 of 2022 before the concerned Magistrate, within a period of four weeks from the date on which the order copy made ready, which is imposed in Crl.O.P.No.5533 of 2023 dated 09.03.2023.
The Petition in Crl.M.P.No.6222 of 2022 has been filed to extend the time to comply with the conditions as imposed by this Court vide order dated 09.03.2022 in Crl.OP.No.5533 of 2023.
2. The learned counsel for the petitioner submitted that this Court, by an order dated 09.03.2023, had granted bail to the petitioner in Crl.O.P.No.5533 of 2023 with a condition to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) to the credit of Crime No.365 of 2022 within a period of four weeks from the date on which the order copy made ready. He further submitted that due to financial difficulties, the petitioner was unable to comply the condition imposed on him and thereby, he seeks modification of the above condition.
3. Heard both sides.
Page No.1/4
4. Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel on either side, this Court is inclined to modify the Condition (Paragraph 7 and 7(b)), which shall be read as follows:- " 7. Accordingly, the petitioner is directed to deposit a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) to the credit of Crime No.365 of 2022, within a period of four weeks from the date on which the order copy made ready, and on such deposit, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.1, Viruthasalam, on condition that the petitioner shall execute a bond for a sum of Rs.
10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: 7(b) the petitioner shall deposit a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) to the credit of Crime No.365 of 2022, before the concerned Magistrate, within a period of four weeks from the date on which the order copy made ready. The amount shall be paid to the de facto complainant subject to filing of the petition and proof. If the Page No.
amount is not deposited within four weeks, the anticipatory bail order shall automatically stand lapsed/dismissed." The other conditions imposed by this Court in Crl.O.P.No.5533 of 2023 on 09.03.2023 shall remain unaltered. Further period of two weeks time is granted to the petitioner to surrender and execute sureties before the concerned Magistrate as imposed by this Court, from the date on which the order copy made ready. Failing which, the petition for anticipatory bail shall stand automatically dismissed and no further extension will be granted.
5. In view of the above, these Criminal Miscellaneous Petitions are ordered.
28.04.2023 vkr Page No.3/4
A.D.JAGADISH CHANDIRA.,J.
vkr Crl.M.P.Nos.6220 & 6222 of 2023 in Crl.O.P.No.5533 of 2023 28.04.2023 Page No.4/4