Hajee Mohammed v. The Assistant Commissioner Of Police

CRL MP(MD) No.8014 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Second day of October Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL MP(MD) No.8014 of 2021 IN CRL OP(MD) No.4844 of 2020 1 HAJEE MOHAMMED 2 SYED IBRAHIM ... PETITIONERS/PETITIONERS/ACCUSED 1 & 2 Vs THE ASSISTANT COMMISSIONER OF POLICE, CITY CRIME BRANCH, TIRUNELVELI CITY, TIRUNELVELI ... RESPONDENT/RESPONDENT/COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Modify the condition imposed by this Honble court in Crl.O.P(MD) No.4844 of 2020 dated 16/07/2021 by withdrawing the direction to deposit of sum of Rs.2000000 to the credit of Crime No.20/2019 on the file of Judicial Magistrate No.

I, Tirunelveli. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.K.P.NARAYANKUMAR, Advocate for the petitioner and of Mr.P.KOTTAI CHAMY, Government Advocate on behalf of the Respondent, the court made the following order:- This petition has been filed to modify the condition imposed by this Court in Crl.O.P(md) No.4844 of 2020 dated 16.07.2021 by withdrawing the direction to deposit a sum of Rs.20,00,000/- to the credit of Crime No.20/2019 on the file of JM No.I, Tirunelveli.

2. Heard the learned counsel for the petitioner as well as the learned Government Advocate(Criminal Side) appearing for the State. 3.This Court, by an earlier order dated 16.07.2021 directed the petitioner to deposit a sum of Rs.20,00,000/- to the credit of Crime No.20 of 2019. The said order has been challenged before the Hon'ble Apex Court in SLP(Crl).Nos.5640 and 5641 of 2021 and the Hon'ble Apex Court has dismissed the applications filed by the petitioners. Again for the very same relief, the present petition https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.8014 of 2021 has been filed. The learned counsel for the petitioner sought indulgence of this Court to modify the condition to furnish the bank guarantee instead of depositing the amount to the credit of Crime No.20 of 2019.

4.Since the matter has already been decided by the Hon'ble Apex Court, this Court is not inclined to entertain this application. However, the learned counsel for the petitioner seeks four weeks time to deposit the said amount.

5.In view of the above, this Court grants four weeks time from the date of receipt of a copy of this order for the petitioner to comply with the order dated 16.07.2021 made in Crl.O.P.(MD).No.4844 of 2020. In case, the petitioner fails to deposit the said amount, the anticipatory bail already granted to the petitioner would stand automatically cancelled. Accordingly, this Criminal Miscellaneous Petition is disposed of.

sd/- 22/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE ASSISTANT COMMISSIONER OF POLICE, CITY CRIME BRANCH, TIRUNELVELI CITY, TIRUNELVELI 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to M/S. NARAYANKUMAR.K.P. Advocate SR.No.7342 ORDER IN CRL MP(MD) No.8014 of 2021 IN CRL OP(MD) No.4844 of 2020 Date :22/10/2021 SA/VR/SAR.1/22.11.2021/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2