G.Sivakumar v. State Rep.By

in Crl.A.No.552 of 2023 M. NIRMAL KUMAR , J.

This Court, on 12.10.2023, had passed the following order: "This petition is filed seeking extension of time to comply with the order passed by this Court on 10.08.2023 in Crl.MP.No.11969 of 2023 in Crl.A.No.552 of 2023 granting three weeks time for the petitioner to comply with the condition imposed by this Court in Crl.M.P.No.6879 of 2023 dated 10.05.2023.

2.The petitioner/A2 was granted bail by this Court in Crl.M.P.No.6879 of 2023 in Crl.A.No.552 of 2023 by order dated 10.05.2023. One of the condition imposed is that the petitioner to pay 20% of the fine amount within a period of one month from the date of his release. But the petitioner could not mobilize the amount within the stipulated period and hence, he filed a petition seeking extension of time in Crl.M.P.No.11969 of 2023. This Court by order dated 10.08.2023 granted three weeks time to comply with the condition. Thereafter, the petitioner mobilized the amount and approached the Trial Court to deposit 20% of the fine amount on 01.09.2023. But the Trial Court refused to receive the amount and returned the memo with an endorsement "How this Memo is in time, hence returned".

3.The contention of the learned counsel for the petitioner is that the total fine amount imposed in this case is Rs.72,00,000/-, there are totally six accused, the petitioner was imposed with a fine 1/3

of Rs.12,00,000/- and 20% of the fine amount works out to Rs.2,40,000/-. He further submits that the petitioner is ready to deposit 20% of the fine amount and only due to refusal by the Trial Court, he could not deposit the same. Hence, he seeks appropriate direction.

4.In view of the above, the petitioner is granted one week time from today, i.e. on or before 19.10.2023, to deposit 20% of the fine amount as directed by this Court in Crl.M.P.No.6879 of 2023 in Crl.A.No.552 of 2023. The Trial Court is directed to receive the amount to be paid by the petitioner and deposit the same in C.C.No.6 of 2022.

5.In the meanwhile, the counsel for the petitioner is directed to get instructions from the petitioner with regard to the payment of balance fine amount.

6.Post the matter 'for reporting compliance' on 31.10.2023."

2. In continuation and conjunction to the earlier order passed by this Court on 12.10.2023, it is submitted by the learned counsel for petitioner that on 16.10.2023, 20% of fine amount of Rs.2,40,000/- has been deposited by the petitioner in C.C.No.6 of 2022.

3. Learned Additional Public Prosecutor confirms the same.

4. Compliance is recorded. No further order is required in this petition. 31.10.2023 rsi 2/3

M. NIRMAL KUMAR , J.

rsi in Crl.A.No.552 of 2023 31.10.2023 3/3