Madras High CourtCRL MP/11473/2021disposed of

A.Pugazhendhi v. Sivakumar

2021-12-13Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Thirteenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL MISCELLANEOUS PETITION No.11473 of 2021 IN CRL OP.985/2021 A.PUGAZHENDHI [ PETITIONER / DEFACTO COMPLAINANT ] Vs 1 SIVAKUMAR [ 1st RESPONDENT / PETITIONER ] 2 THE SUB INSPECTOR OF POLICE [ 2nd RESPONENT / RESPONDENT ] NEMILI POLICE STATION, VELLORE DISTRICT.

RANIPETTAI DISTRICT.

Petition praying that in the circumstances stated therein the High Court will be pleased to cancel the anticipatory bail granted to 1st Respondent herein by way of order dated 19.04.2021 passed in Crl.O.P.No.985 of 2021 by this Hon`ble Court. Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S. D.BENNINGTON, Advocate for the petitioner/Defacto Complainant and of M/S.R.SASIKUMAR Advocate for the 1st Respondent/Petitioner and of MR. S. BALAJI, Govt. Advocate ( Crl. Side) for the 2nd Respondent/Respondent, the court made the following order:- This Court, on an earlier occasion had granted anticipatory bail to the petitioner, based on an undertaking that he shall pay a sum of Rs.2 lakhs to the credit of the crime number. However, the said amount was not deposited by the petitioner in the said crime number. Hence, the defacto complainant has preferred the present petition to cancel the anticipatory bail granted to the petitioner.

2. The learned counsel appearing for the 1st respondent submitted that due to the COVID 19 pandemic situation, the petitioner was not able to comply with the condition. Now he is ready to pay the amount as undertaken and the same may be deposited within a period of one week and thereby prays for extension of time to deposit the said sum.

3. The learned counsel appearing for the petitioner has no serious objection to grant extension of time to deposit the amount, as prayed by the learned counsel for the 1st respondent. https://hcservices.ecourts.gov.in/hcservices/

4. In view of the above, the 1st respondent is granted one week time from the date of receipt of this order to deposit the amount as undertaken by him, while granting anticipatory bail. Failing which, the anticipatory bail granted by this Court on 19.04.2021, shall be vacated without further reference to this Court.

5. This Criminal Miscellaneous Petition is disposed of with the above observations.

-sd/- 13/12/2021 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, ARAKKONAM.

2 THE CHIEF JUDICIAL MAGISTRATE VELLORE [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE SUB INSPECTOR OF POLICE, NEMILI POLICE STATION, VELLORE DISTRICT, RANIPETTAI DISTRICT.

C.C. to M/S. D.BENNINGTON Advocate on payment of necessary charges Order in CRL MP.11473/2021 in CRL OP.985/2021 Date :13/12/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format https://hcservices.ecourts.gov.in/hcservices/ MK:22/12/2021