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Madras High CourtCRL MP/7727/2018allowed

Rabiyullah, Aged 31 Years, v. Mrs.Najma,

2018-07-10Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Tenth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr Justice P. N. PRAKASH CRIMINAL MISCELLANEOUS PETITION No.7727 of 2018 IN CRL OP.12045/2018 1 RABIYULLAH [ PETITIONERS / ACCUSED ] 2 ABDUL HAMEED 3 JAINBAI Vs NAJMA [ RESPONDENT ] Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in CRL OP.12045/2018 on the file of the High Court, the High Court will be pleased to permit the 1st Petitioner/Accused 1 to deposit the adinterim maintenance amount of Rs.5000/- for the month of April 2018 along with the amount to be paid for the month of June 2018 to the credit of Crl.O.P. No.12045/2018, DVOP No.2 of 2018 on the File of The Judicial Magistrate court, Polur, Tiruvannamalai District, CRL OP.12045 OF 2018 [IN CRL.MP.NO.

7727 OF 2018] Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in CRL OP.12045/2018 on the file of the High Court and upon hearing the arguments of M/S.M.ARUNACHALAM, Advocate for the petitioner and of M/S.B.JAWAHAR Advocate on behalf of the Respondent the court made the following order:- At the time of admission on 24.04.

"Notice of motion returnable by 26.06.2018. Private Notice is also permitted.

2. Permission is granted to inform the learned counsel who appears for the respondent wife in the trial Court about the pendency of this quash petition, so that he can make arrangements to enter appearance before this Court.

3. In the meantime, the personal appearance of the petitioners 2 and 3 is dispensed with on condition that the first petitioner - Rabiyullah shall deposit a sum of Rs.5,000/-(Rupees Five Thousand only) towards ad-interim maintenance to the credit of D.V.O.P.No.2 of 2018 on the file of the Judicial Magistrate Court, Polur,

Tiruvannamalai District, before 5th of every English calendar month and on such deposit being made, the respondent/wife will be entitled to withdraw the same. As regards the month of April 2018, the first petitioner shall deposit a sum of Rs.5,000/- on or before 30.04.2018.

4. Post the matter on 26.06.2018."

2.Learned counsel for the petitioner submitted that the order copy itself was made ready on 27.04.2018 and therefore, on account of ensuing holidays, he was not able to deposit Rs.5,000/- on or before 30.04.2018.

3.Accepting the submission, this petition is allowed and the petitioner shall deposit a sum of Rs.5,000/- for the month of April 2018, within a period of two weeks from the date of receipt of a copy of this order.

-sd/- 10/07/2018 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, POLUR, TIRUVANNAMALAI.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI [FOR INFORMATION] +1C.C. to M/S.M.ARUNACHALAM Advocate on payment of necessary charges SR NO.12882 Order in CRL MP.7727/2018 in CRL OP.12045/2018 Date :10/07/2018 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MK:13/07/2018