Vilavaiy Thamilarasu, 57 Yrs, v. R.Mani,55 Yrs,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.04.2017

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P. No.8065 of 2017 Vilavaiy Thamilarasu ... Petitioner/Petitioner/Appellant versus R.Mani ... Respondent/Respondent/Respondent PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C. to modify the condition imposed upon the petitioner to deposit the amount of Rs.1,01,500/- found in the order passed by the Principal Sessions Judge, Chennai, dated 23.03.2017 in Crl.M.P.No.5187 of 2017.

For Petitioner : Mr.S.Govindarajulu For Respondent : Mr.C.Emalias Additional Public Prosecutor

O R D E R

The present Criminal Original Petition has been filed to modify the condition imposed on the petitioner in Crl.M.P.No.5187 of 2017 dated 23.03.2017 on the file of the learned Principal Sessions Judge at Chennai.

2.It is the case of the petitioner that he has filed a petition in Crl.M.P.No.5187 of 2017 before the learned Principal Sessions Judge, Chennai, seeking suspension of sentence and the learned Principal Sessions Judge, granted to suspend the sentence of the petitioner on certain conditions. One of the conditions is that the petitioner should deposit a sum of Rs.1,01,500/- before the learned Metropolitan Magistrate, FTCIII, Saidapet, Chennai. Since the petitioner has lost his eyesight due to optical nerve disorders, he is unable to deposit the said amount. In view of the same, the petitioner is not in a position to avail the benefit of the said order. Hence, seeking modification of the said order, the petitioner has come up with the present petition.

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3. Learned Additional Public Prosecutor has no serious objection to modify the said condition imposed on the petitioner.

4. Considering the facts and circumstances of the case, this Court is inclined to permit the petitioner to deposit a sum of Rs.50,000/- instead of Rs.1,01,500/- Accordingly, the petitioner is permitted to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) instead of Rs.1,01,500/- as per the condition imposed on him in Crl.M.P.No.5187 of 2017 dated 23.03.2017, by the learned Principal Sessions Judge at Chennai, within a period of three weeks from the date of receipt of a copy of this order. The other conditions shall remain unaltered.

5. The Criminal Original Petition is ordered accordingly. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar sri To 1.The Principal Sessions Judge, Chennai.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Govindarajulu, Advocate Sr.24664 Crl.O.P. No.8065 of 2017 gj[co] srg 04/05/2017 https://hcservices.ecourts.gov.in/hcservices/