IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction )

Tuesday, the Fifteenth day of March Two Thousand Twenty Two

PRESENT

The Hon`ble Mrs Justice S. KANNAMMAL

CRIMINAL MISCELLANEOUS PETITION No.2026 of 2022

IN CRL OP.8854 of 2021

AROCKIADOSS

[ PETITIONER / 5^th ACCUSED ]

Vs

STATE REP. BY

[ RESPONDENT / COMPLAINANT ]

THE INSPECTOR OF POLICE,

KADAMPULIYUR POLICE STATION,

CUDDALORE DISTRICT.

(CRIME NO.162 OF 2021)

Petition praying that in the circumstances stated therein and in

the affidavit filed therewith the High Court will be pleased to

condition imposed in para 6 in order dated 12.05.2021 passed in

Crl.O.P.NO.8854/2021 that he has to pay sum of Rs.25,000/- either

through RTGS/NEFT/Cash/Demand Draft in favour of The Deen Rajiv Gadhi

Government Hospital Chennai for purpose treating Covid 19 patients.

Order : This petition coming on for orders upon perusing the

petition and the filed in support thereof and upon hearing the

arguments of M/S K.VIJAYAKUMAR, Advocate for the Petitioner and of

MR.S.BALAJI, Govt. Advocate (Crl. Side) on behalf of the Respondent

the court made the following order:-

This Petition is filed to modify the condition imposed in para

(6) in the order dated 12.05.2021 of this Court in Crl.O.P.No.8854 of

2021, as the petitioner is an agricultural cooly and he is not able

to deposit the amount.

2. It is the case of the Respondent police that the petitioner

and other accused were involved in the process of illegal

manufacturing of TASMAC liquor bottles and labels and trying to sold

in the black market and hence case was registered against them.

https://hcservices.ecourts.gov.in/hcservices/

3. When the petitioner moved for anticipatory bail, this Court

granted the same with a condition that the petitioner has to pay a sum

of Rs.25,000/- (Rupees twenty five thousand only) in favour of “The

Dean, Rajiv Gandhi Government Hospital, Chennai” within a period of

two weeks from the date of receipt of copy of the order. But the

Petitioner has not complied with the conditions imposed. As the two

w\eeks time was over, he filed a petition for extension of time and

this Court also extended further two weeks' time and imposed condition

that if the petitioner failed to comply with the condition within the

time extended, the order already granted for anticipatory bail shall

stand automatically dismissed.

4. Without complying the above conditions, now, the petitioner

has filed this petition for modifying the condition, stating that he

is not able to mobilize Rs.25,000/- to pay in favour of the Dean,

Rajiv Gandhi Government Hospital, Chennai.

5. This Court has ordered Aniticipartory Bail on 12.05.2021 with

a condition that the petitioner should pay a sum of Rs.25,000/- to the

Dean, Rajiv Gandhi Government Hospital, Chennai, within a period of

two weeks. As the Petitioner has not complied with the above order,

as per the request of the learned counsel for the Petitioner, further

two weeks' time was extended by this Court on 20.01.2022. Since the

Petitioner has not complied with the order for the second time also,

as per the order of this court dated 20.01.2022, the anticipatory bail

granted was automatically vacated and in view of the same, this

petition has become infructuous.

6. In such a view of the matter, the anticipatory bail granted

by this Court is vacated and the petition filed to modify the

condition is dismissed as infructious. The Respondent police is

directed the take necessary action to secure the petitioner/accused

for judicial remand.

-sd/-

15/03/2022

This order, on being produced, be punctually observed and carried into

execution by all concerned

TRUE COPY

Sub-Assistant Registrar (Statistics/C.S.)