Robert Nirmal Singh v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Seventh day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL MISCELLANEOUS PETITION Nos.9645 & 10330 of 2021 IN CRL.O.P.No.34409 of 2019 ROBERT NIRMAL SINGH [ PETITIONER / DE FACTO COMPLAINANT IN CRL.M.P.NO.9645/2021 IN CRL.O.P.No.34409 of 2019] MARIA METTILDA [ PETITIONER / ACCUSED NO.3 IN CRL.M.P.NO.10330/2021 IN CRL.O.P.No.34409 of 2019] Vs 1 STATE REP BY [ 1st RESPONDENT / COMPLAINANT THE INSPECTOR OF POLICE, IN CRL.M.P.NO.9645 & 10330/2021 CCB-1 TEAM, IN CRL.O.P.No.34409 of 2019 ] CHENNAI -7 (CRIME NO.137 OF 2019) 2 MARIA METTILDA [ 2nd RESPONDENT / PETITIONER IN CRL.M.P.NO.9645/2021 IN CRL.O.P.No.

34409 of 2019 ] Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to (i) Cancel the Anticipatory bail granted to the 2nd respondent in Crl.O.P.No.34409/2019 dated 07.02.2020 on the file of this Hon'ble Court. [ CRL.M.P.NO. 9645/2021 IN CRL.O.P.No.34409 of 2019 ] (ii) Extend time by two weeks to comply with condition imposed by this Hon'ble Court by way of order dated 07.02.2020 passed in CRL.O.P.No.34409 of 2019. [ CRL.M.P.NO.10330/2021 IN CRL.O.P.No.

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 S.JANARTHANAM, Advocate for the Petitioner [CRL.M.P.NO.9645/2021 IN CRL.O.P.No.34409 of 2019] and of M/S.NIRANJAN S.KUMAR, Advocate for the Petitioner [CRL.M.P.NO.10330/2021 IN CRL.O.P.No.34409 of 2019] and of MR.C.E.PRATAP, Govt. Advocate ( Crl. Side) on behalf of the Respondents [IN BOTH PETITIONS] the court made the following order:- Crl.OP.No.8645 of 2021 has been filed by the defacto complainant to cancel the anticipatory bail granted by this Court vide order dated 07.02.2020 in Crl.OP.No.34409 of 2021.

2. Crl.OP.No.10330 of 2021 has been filed to extend time by two weeks to comply with the condition imposed by this Court by way of order dated 07.02.2020 passed in Crl.OP.No.34409 of 2021.

3. The case of the prosecution is that the defacto complainant is running a photo and video business and A1, who is the husband of the petitioner was handling collection from the customers, who had taken assistance from the defacto complainant regarding marriage photography and video and for related functions. The said A1 had collected a sum of Rs.1,80,45,301/- and had not given the amount the defacto complainant. Hence, the complaint.

4. On 07.02.2020, this Court granted anticipatory bail to the petitioner with certain conditions. One of the condition is that the petitioner shall deposit a sum of Rs.10 Lakhs to the credit in Crime No.137 of 2019 within a period of eight weeks from the date of receipt of a copy of this order.

5. The learned counsel for the defacto complainant submitted that till date, the petitioner has not paid any single pie to him. Hence, the learned counsel prays that anticipatory bail granted to the petitioner has to be cancelled.

6. The learned counsel for the petitioner submitted that due to Covid-19 pandemic and since the petitioner hails from Kanniyakumari, she is unable to surrender before the concerned Magistrate and she requests to extend the time by two weeks for complying with the order of this Court.

7. Heard the learned counsel for the petitioner as well as the defacto complainant and the learned Government Advocate.

8. Taking into consideration the facts and circumstances of this case, the time is finally extended by a period of two weeks from today to comply with the condition imposed in Crl.OP No.34409 of 2020. It is made clear that no further extension of time will be

granted by this Court. If the petitioner fails to comply with the above said condition, the anticipatory bail granted to the petitioner shall stand automatically vacated without any further reference to this Court and the respondent police shall be entitled to proceed further against the petitioner in accordance with law. All other conditions remain unaltered.

3. In the result, Crl.OP.No.9645 of 2021 is closed and Crl.OP.No.10330 of 2021 is ordered.

-sd/- 07/10/2021 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 METROPOLITAN MAGISTRATE, FOR CCB AND CBCID METRO CASES, EGMORE, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION].

3 THE INSPECTOR OF POLICE, CITY CRIME BRANCH-1 TEAM, CHENNAI -7 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

C.C. to M/S S.JANARTHANAM Advocate on payment of necessary charges

Order in CRL MP.9645 & 10330/2021 in CRL 0P.34409/2021 Date :07/10/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format JPA 25/10/2021