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Madras High CourtCRL MP(MD)/4385/2020dismissed

Mathiyalagan v. The Inspector Of Police

2020-09-04Honourable Mr Justice V. Bharathidasan2 pages

CRL MP(MD) No.4385 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourth day of September Two Thousand and Twenty PRESENT The Hon'ble Mr.Justice V.BHARATHIDASAN CRL MP(MD) No.4385 of 2020 IN CRL OP(MD) No.13572 of 2019 MATHIYALAGAN ... PETITIONER/PETITIONER/ 3rd ACCUSED Vs THE STATE REP. BY THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, THANJAVUR DISTRICT.

(CRIME NO.9 OF 2019) ... RESPONDENT/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 prescribed by this Hon'ble Court to surrender the petitioner in Crl.O.P.(MD) No. 13572 of 2019, dated 30.09.2019. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.M.SARAVANAN, Advocate for the petitioner and of MR.K.SUYAMBULINGA BHARATHI, Government Advocate(Criminal side) on behalf of the Respondent, the court made the following order:- This petition has been filed to extend the time granted by this Court.

2. This Court, by an order dated 30.09.2019 in Crl.OP.(MD) No.13572 of 2019 granted anticipatory bail to the petitioner on condition that the petitioner shall pay a sum of Rs. 7 Lakhs to the daughter of the defacto complainant, but, he has not complied with the aforesaid condition imposed by this Court.

3. Since the petitioner has not complied with the condition, the defacto complainant has filed a contempt petition before this Court, wherein, this Court has issued a Non-Bailable warrant and the same is pending. At this stage, the petitioner has filed the present petition seeking extension of time to comply with condition imposed by this Court, dated 30.09.2019. Since the petitioner committed default in payment, a contempt proceedings has been https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.4385 of 2020 proceeded against the petitioner and due to his non-appearance a Non-bailable warrant was also issued and the same is pending. At this stage, the instant petition cannot be maintained seeking extension of time.

4. The learned counsel appearing for the petitioner reported that 'No instructions'.

5. Considering the facts and circumstances, this Court is not inclined to grant relief prayed for by the petitioner and hence, the Criminal Original Petition is liable to be dismissed.

6. Accordingly, this Criminal Original Petition stands dismissed.

sd/- 04/09/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE NO.II, THANJAVUR DISTRICT.

2. -DO- THROUGH: THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3. THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, THANJAVUR DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL MP(MD) No.4385 of 2020 IN CRL OP(MD) No.13572 of 2019 Date :04/09/2020 KSA SRS/ AKM/ SAR-III/ 21.09.2020/ 2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2