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Madras High CourtCRL OP(MD)/22357/2018granted

T.Jeya Chithra v. The Inspector Of Police

2018-12-19Honourable Mr Justice M. Nirmal Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourth day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.22357 of 2018 T.JEYA CHITHRA ... PETITIONER / ACCUSED NO.9 Vs STATE REP.BY THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH POLICE STATION, VIRUDHUNAGAR DISTRICT.

(CRIME NO.11/2015) ... RESPONDENT / COMPLAINANT For Petitioner : Mr. M. JOTHIBASU Advocate For Respondent : Mr.K.SUYAMBULINGA BHARATHI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Today, the matter was posted under the caption 'for being mentioned' on the instigation of the petitioner. 2.The petitioner was earlier granted anticipatory bail in Crl.O.P.(MD).NO.11463 of 2018 by order dated 09.07.2018, wherein the petitioner had volunteered to return the sum of Rs.1,92,000/- to the defacto complainant within a period of two months. Taking into consideration, this Court directed the petitioner to deposit the same within the time limit. Thereafter, he was unable to comply with the order, dated 09.07.2018.

Hence, the anticipatory bail granted to the petitioner was cancelled automatically. Therefore, the petitioner has come forward with the present petition in Crl.O.P.(MD).No.22357 of 2018 and this Court by order dated 19.12.2018 had directed the petitioner to return the amount of Rs.1,92,000/- within a period of two weeks.

3.Today, instead complying with the condition, the petitioner contended that returning the money to the defacto complainant would prejudice to the trial. Hence, he is willing to deposit the said amount into the Court to the credit of the crime number. 4.Considering the same, this Court directs the petitioner to https://hcservices.ecourts.gov.in/hcservices/

deposit the amount of Rs.1,92,000/- (Rupees One Lakh and Ninety Two thousand only) by way of Fixed Deposit drawn in favour of defacto complainant in any one of the Nationalised Banks. 5.It is mentioned that the sureties in this have been already executed. Hence, the fixed deposit shall be taken into the file along with a memo in the trial Court.

sd/- 04/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR.

2 THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1. CC to Mr. M. JOTHIBASU Advocate SR.No.242 PS/PN/SAR-2/10.01.2019/2P/6C

ORDER

IN CRL OP(MD) No.22357 of 2018 Date :04/01/2019 https://hcservices.ecourts.gov.in/hcservices/