R.Subbulakshmi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Sixth day of April Two Thousand Sixteen PRESENT The Hon`ble Mr Justice G.CHOCKALINGAM CRL MP(MD) No.1844 of 2016 IN CRL OP(MD) No.5790 of 2015 R.SUBBULAKSHMI ... PETITIONER/ACCUSED NO.1 Vs STATE REP BY THE INSPECTOR OF POLICE SUBRAMANIYAPURAM POLICE STATION, MADURAI DISTRICT. CR. NO.432/2015 ... RESPONDENT/COMPLAINANT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to extend the time limit to comply with the direction directing the petitioner/accused No.1 shall pay the balance amount of Rs.13, lakhs (rupees thirteen lakhs only) as expediously as possible preferably on or before 28.2.2016 ordered in Crl.O.P.No.5790/15 dated 27.10.15 on the file of this Honourable Court.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S P.BALAMURUGAN, Advocate for the petitioner and the court made the following order:- This petition is filed for extension of time to comply with the order of this court, dated 27.10.2015 and made in Crl.OP(MD)No.5790 of 2015, in which the petitioner/A1 has been directed to pay the balance amount of Rs.13 Lakhs as expeditiously as possible, preferably on or before 28.02.2016.

2.The learned counsel appearing for the petitioner has submitted that this court has already directed the petitioner/A1 to deposit Rs.13 Lakhs, but she was not able to deposit the amount within time and hence, this petition is filed seeking for extension of time.

3.This court has heard the submissions made on either side and perused the entire materials available on records. 4.It is seen from the records that this court, after hearing both sides, has passed an order on 27.10.2015, which reads as follows:-

"7.Considering the facts and considering the rival submissions of the counsel and the affidavit of undertaking filed by the first petitioner, this court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate No.IV, Madurai and on their executing a bond for a sum of Rs.10,000/- [Rupees Ten thousand only] each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the first petitioner shall pay the balance amount of Rs.13 lakhs (Rupees Thirteen lakhs only) as expeditiously as possible, preferably on or before 28.02.2016 and the petitioners shall appear before the respondent police as and when required. The petitioners shall be comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

5.On reading of the above, at the time of granting anticipatory bail itself, this court has granted time to deposit the above said amount on or before 28.02.2016 and without complying with the above said condition, now, the present petition is filed seeking for extension of time to comply with the order of this court, dated 27.10.2015..

6.In view of the above circumstances, this court is of the considered view that the petitioner may be given one more opportunity to comply with the condition imposed by this court, dated 27.10.2015.

7.Hence, this court is inclined to grant time upto 29.04.2016 as a last chance to comply with the condition imposed by this court, dated 27.10.2015. In event of failure to comply with the above condition by the petitioner, the de-facto complainant or the respondent police shall file a petition for cancellation of the anticipatory bail forthwith.

8.With the above observation, this petition is disposed of. sd/- 26/04/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.IV, MADURAI 2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE INSPECTOR OF POLICE SUBRAMANIYAPURAM POLICE STATION, MADURAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to M/S P.BALAMURUGAN Advocate SR.No.24370 ORDER IN CRL MP(MD) No.1844 of 2016 IN CRL OP(MD) No.5790 of 2015 Date :26/04/2016 AA/JGB-DP/AR-I/02.05.2016/3p-6c