Madras High CourtCRL MP(MD)/11586/2023ordered

R.Sundar v. M.Hariff

2023-08-11Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eleventh day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Crl.M.P.(MD)Nos.11586 & 11588 of 2023 in CRL.O.P.(MD)No.10824 of 2023 IN CRL MP(MD)No.11586 of 2023 R.SUNDAR ... PETITIONER/ DEFACTO COMPLAINANT Vs 1 M.HARIFF 2 FATHIMA ...RESPONDENT/ACCUSED 1&2 3 THE STATE REP.BY, THE INSPECTOR OF POLICE E3,ANNA NAGAR CRIME POLICE, ANNA NAGAR, MADURAI.

CRIME NO.213/2023.

... RESPONDENT 3/COMPLAINANT Prayer in CRL MP(MD)No.11586 of 2023 Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to cancel the bail order passed by this Honble Court in Crl.O.P.(MD)No.10824/2023 in Crime No.213 of 2023 dated 19.06.2023 on the file of the 3rd respondent police station dated 09.04.2023. 1/5

IN CRL MP(MD)No.11588 of 2023 1.HARIFF 2.FATHIMA ...PETITIONER/ACCUSED NOS.1&2 VS THE STATE REPRESENTED BY INSPECTOR OF POLICE, ANNA NAGAR POLICE STATION, MADURAI DISTRICT.

(IN CRIME NO.213/2023) ...RESPONDENT/COMPLAINANT Prayer in CRL MP(MD). 11588/ 2023 :

To grand an order of extension of three weeks time to comply with the orders made in Crl.M.P.(MD)No.10429 of 2023 in Crl.O.P.(MD)No.10824 of 2023 dated 21.07.2023 for deposit of original title deeds worth Rs.50 Lakshs and execution of sureties in circumstances of the case.

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.BALASUBRAMANIAM C, Advocate for the petitioner in CRL MP(MD) No.11586 of 2023 and M/S.F.DEEPAK, Advocate for the Petitioner in in CRL MP (MD). 11588/ 2023 and of M/S.S.MANIKANDAN, Government Advocate(Crl.side) on behalf of the Respondent No.3 in both MPs, the court made the following order:- This petition in Crl.M.P.(MD).No.11586 of 2023 has been filed by the defacto complainant to cancel the bail order passed by this Court in Crl.O.P.(MD).No.10824 of 2023 in Crime No.213 of 2023, dated 19.06.2023 on the file of the third respondent police station, dated 09.04.2023. Petition in Crl.M.P.(MD).No.11588 of 2023 has been filed by the accused person seeking extension of time to comply the above said order. 2/5

2.Expressing grievance over the compliance of the portion of the order, petition has been filed by the defacto complainant stating that even though the accused persons have paid Rs.10 lakhs to him as per the order of this Court, with regard to the deposit of title document to the value of Rs.50 lakhs, has not been complied. 3.The counsel for the respondents 1 and 2/accused would submit that seeking extension of time for complying the condition of deposit of title deed, they have filed petition in Crl.M.P.(MD).No.10429 of 2023. On 21.07.2023, the time was extended for fifteen days. Even at that time, it was informed the Court that the condition must be complied before the trial Court without fail. But, the trial Court returned the above said document stating that proper Valuation Certificate must be obtained from the competent authority, that was also considered by this Court. Time was extended.

4. On expiry of the above said time, again this petition has been filed. In view of the above, the time already granted to the accused persons to comply the condition is extended further period of One week from the date of receipt of a copy of this order.

3/5

5.Accordingly, both the criminal miscellaneous petitions are disposed of. sd/- 11/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

tm TO 1.THE JUDICIAL MAGISTRATE NO.VI, MADURAI.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3.THE INSPECTOR OF POLICE E3,ANNA NAGAR CRIME POLICE, ANNA NAGAR, MADURAI.

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

4/5

+1 CC TO M/S.F.DEEPAK, Advocate SR-12143 ORDER IN Crl.M.P.(MD)Nos.11586 & 11588 of 2023 in CRL.O.P.(MD)No.10824 of 2023 Date :11/08/2023 RK/VRS (24/08/2023) 5P /6 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5