Rajasekar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty First day of January Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL MISCELLANEOUS PETITION No.408 of 2022 IN CRL OP.15913/2021 1 RAJASEKAR [ PETITIONERS ] 2 JOTHILINGAM 3 RAMADOSS 4 THANGAM 5 ARUNKUMAR 6 AMSAYAL @ AMSAYA Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KADAMPALIYUR POLICE STATION, CUDDALORE DISTRICT.

CRIME NO. 521 OF 2021.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to modify the condition imposed in para No. 6(b) the petitiner shall deposit a sum of Rs.2,00,000/- in the credit number Crime No. 521 of 2021 on the file of the respondent without prejudice before the trial and on deposit on made and on such deposit the petitioner is order to be released on Bail.

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. P.MUTHAMIZHSELVAKUMAR, Advocate for the petitioner and of M/S.V.MEGANATHAN, Govt. Advocate ( Crl. Side) on behalf of the Respondent the court made the following order:- This petition is filed to modify the condition imposed on the petitioners by this Court in Crl.O.P.No.15913 of 2021, dated 14.09.2021.

2.This Court vide order dated 14.09.2021, granted anticipatory bail to the petitioners on condition that the petitioners shall deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs only) as nonrefundable deposit to the credit of crime No.521 of 2021 on the file of the respondent police before the learned Judicial Magistrate-II, Panruti.

3. Today, when the matter is taken up for hearing, the learned counsel for the petitioners submitted that the petitioners are the daily wages workers and due to Covid-19, they are unable to mobilise the fund and deposit the amount as imposed on the petitioners by this Court. Hence, the learned counsel prays to modify the condition. 4.In view of the backdrop, the earlier condition imposed by this Court is on the basis of the petitioners' instructions and his own volition. Now, this modification petition has filed on the different ground, which is not permissible. Hence, this petition for modification of the condition imposed by this Court dated in Crl.O.P.No.15913 of 2021, dated 14.09.2021 does not acceptance and accordingly, this miscellaneous petition is dismissed. -sd/- 21/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.II, PANRUTTI, CUDDALORE DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, KADAMPALIYUR POLICE STATION, CUDDALORE DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

C.C. to M/S. P.MUTHAMIZHSELVAKUMAR Advocate on payment of necessary charges Order in CRL MP.408/2022 in CRL OP.15913/2021 Date :21/01/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RW 04/02/2022