T.Hariharan, Aged 33 Years, v. S.Chitra, Aged 46 Years,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Fifteenth day of February Two Thousand Nineteen PRESENT The Hon`ble Mr Justice P. VELMURUGAN CRIMINAL MISCELLANEOUS PETITION No.14713 of 2018 in CRL.R.C.No.265 of 2018 T.HARIHARAN [ PETITIONER/ RESPONDENT ] Vs S.CHITRA [ RESPONDENT ] Petition praying that in the circumstances stated therein the High Court will be pleased to cancel the bail and suspension of sentence in Crl.M.P.No.2923 of 2018 order dated 01.03.2018 in Crl.RC.No.265 of 2018.
Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.S.SURESH Advocate for the petitioner and of MR.R.SASIKUMAR Advocate on behalf of the Respondent the court made the following order:- This miscellaneous petition has been filed seeking to cancel the bail and suspension of sentence granted in Crl.M.P.No.2923 of 2018 in Crl.R.C.No.265 of 2018 dated 01.03.2018.
This Court while granting bail, imposed a condition to deposit 50% of the cheque amount within a period of three weeks from the date of receipt of a copy of the order. Subsequently the petitioner filed a miscellaneous petition in Crl.M.P.No.6379 of 2018 seeking to modify the above order and sought permission to deposit the amount in three instalments and this Court has also allowed the miscellaneous petition by order dated 25.04.2018. Later when the matter was taken up for hearing on 22.11.2018, the petitioner filed affidavit of undertaking stating the matter would be settled by paying the amount and time was granted till 15.02.2019. Today, when the matter is called, the learned counsel for the respondent/petitioner would submit that the petitioner being a lady could not mobilise fund to settle the amount and seeks further time.
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This Court is not inclined to grant any further time, since this Court has already given sufficient time to the respondent/petitioner. Hence the bail and suspension of sentence granted by this Court on 01.03.2018 is hereby revoked and this miscellaneous petition is allowed. Trial Court is directed to secure the presence of the accused to undergo remaining period of imprisonment, if any.
-sd/- 15/02/2019 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, FAST TRACK COURT [MAGISTERIAL LEVEL] THIRUVALLUR.
2 THE PRINCIPAL SESSIONS JUDGE, THIRUVALLUR.
3 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION] +1 C.C. to M/S.S.SURESH Advocate on payment of necessary charges SR.NO.3484 Order in CRL MP.No.14713 of 2018 in CRL.R.C.No.265 of 2018 Date :15/02/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format cm 28/02/2019 https://hcservices.ecourts.gov.in/hcservices/