Narayanan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixteenth day of December Two Thousand and Twenty PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN IN CRL OP(MD) No.8079 of 2020 NARAYANAN ... PETITIONER/ PETITIONER/ PETITIONER Vs STATE REP.BY THE INSPECTOR OF POLICE VAIYAMPATTI POLICE STATION, MANAPPARAI TALUK, (CRIME NO.768/2020) ... RESPONDENT/ RESPONDENT/ RESPONDENT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to extend the time for six months to vacate the shop located in D.No.14/1, Dindigul Main Road, Vaiyampatti, Manapparai Taluk,Trichy District in Crl.M.P.(MD) No. 6387 of 2020 in Crl.O.P.(MD) No.8079 of 2020 dated 02.12.2020.
PRAYER IN Crl.M.P.(MD) No. 6387 of 2020:
To Extend the time to vacate the shop for further period of three months thereby modifying the conditional order dated 24.08.2020 passed in Crl.O.P.(MD)No.8079/2020 in so far as directing the Petitioner to vacate the shop on or before 30.11.2020 is concerned.
Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/s.N.KRISHNAVENI, Senior Counsel for MR.P.KALAIYARASI BHARATHI, Advocate for the petitioner and of MR.R.EROTTUCHAMY, Government Advocate on behalf of the Respondent, the court made the following order:- This petition is filed for extension of time to comply with the conditions imposed by this Court in Crl.O.P.(MD)No.8079 of 2020. 1/3
2.Heard the learned counsel for the petitioner and the learned Government Advocate(Crl.Side) for the respondent. 3.This Court granted anticipatory bail to the petitioner on 24.09.2020 by accepting the undertaking affidavit filed by the petitioner that he will vacate the shop in question on or before 30.11.2020 and hand over the possession to the defacto complainant. The petitioner did not comply with conditions and he filed Crl.M.P. (MD)No.6387 of 2020, seeking extension of time. 4.This Court by order dated 02.12.2020 granted two weeks time for vacating the shop. Since the petitioner could not comply with conditions, the petitioner again filed this petition for further extension of time.
5.The learned counsel appearing for the petitioner submitted that the petitioner could not able to comply with the condition because of the continuous rain fall, the construction process is getting delayed.
6.Considering the facts and circumstances of the case, this Court is inclined to extend further period of two weeks finally to the petitioner. The petitioner shall vacate the shop in question and hand over vacant possession to the defacto complainant on or before 04.01.2021, failing which the anticipatory bail already granted by this Court shall stand cancelled.
7.Accordingly, this Criminal Miscellaneous Petition is allowed. sd/- 16/12/2020 / 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, MANAPARAI,
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, 2/3
3. THE INSPECTOR OF POLICE, VAIYAMPATTI POLICE STATION, MANAPPARAI TALUK,
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN IN CRL OP(MD) No.8079 of 2020 Date :16/12/2020 MS/VR/SAR-2/17.12.2020/3P.5C 3/3