Madras High CourtCRL MP/16758/2024disposed of

Jaikumar N v. The State

2024-12-02Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.M.P.No.16758 of 2024 in Crl.O.P.No.21507 of 2024 A.D.JAGADISH CHANDIRA The present petition has been filed seeking extension of time to comply with a condition imposed by this court in its order dated 4.10.2024 in Crl.O.P.No.21507 of 202 granting anticipatory bail to the present petitioner and a co-accused that they shall make a deposit of Rs.75,00,000/- each to the file of the Trial Court to the Credit of Crime No.1 of 2020, within a period of six weeks from the date on which that order copy would be made ready.

2. A perusal of the entire materials would disclose that the said condition was imposed by this court only on the readiness expressed on behalf of the petitioners to make such a deposit. While the order copy was made ready by 22.10.2024 and thereby the petitioner had the benefit of six weeks time to make the deposit, the petitioners had moved the Apex Court by way of Special Leave to Appeal (Crl.) No.15671 of 2024, presumably challenging the condition imposed as an onerous one. On 18.11.2024, when the SLP was taken up for hearing, unable to persuade the Apex Court, the SLP was sought to be withdrawn with an assurance to make the deposit within two weeks from then, which expires by 2.12.2024, with a default clause having been made by the Apex Court that non-compliance of the same would entail consequences. Whileso, the present petition has been filed by one of the petitioners seeking extension of time already granted by this court in the anticipatory bail petition contending that the other petitioner had https://www.mhc.tn.gov.in/judis already made the deposit.

A.D.JAGADISH CHANDIRA,J.

vca/ssk

3. The petitioner has also conceded in his petition about the SLP moved and the order passed therein. When once an observation has been made by the Apex Court, in the SLP moved by the petitioner, with regard to the time limit for complying with the condition imposed by this court, the order passed by this court got merged with the order passed by the Apex Court. In such circumstances, the present petition filed seeking to grant an extension of time to make the deposit as directed by this court in the anticipatory bail petition cannot be entertained by this court.

4. In view of the above, the present Miscellaneous Petition is dismissed. 2.12.2024 Index : Yes / No Speaking / Non-speaking vca/ssk.

Crl.M.P.No.16758 of 2024 in Crl.O.P.No.21507 of 2024 https://www.mhc.tn.gov.in/judis