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Madras High CourtCRL OP/1340/2022ordered

Arun Kumar v. The State Rep. By

2022-01-25Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.01.2022

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.1340 of 2022 Arun Kumar ... Petitioner/Accused Vs.

State by TamilNadu, The Inspector of Police, H-5, New Washermenpet Police Station, Chennai.

... Respondent/Complainant Prayer: Criminal Original Petition has been filed under Sections 439(1)(b) of the Code of Criminal Procedure, to modify the anticipatory bail order condition's No.6(b) '' The petitioner shall also deposit a sum of Rs.50,000/- to the credit of the Crime No.2433 of 2021 before the said Court and the final order in respect of the amount will be passed at the end of the criminal proceedings by the trial Court'' imposed by Learned Principal Sessions Judge at Chennai granted in Crl.M.P.No.22217 of 2021 dated 03.01.2022 connection with Crime No.2433 of 2021 on the file of the respondent police, Chennai. For Petitioner : M.Illiyas For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to modify the condition imposed by the learned Principal Sessions Judge, Chennai, in Crl.M.P.No.22217 of 2021 dated 03.01.2022.

2. The learned counsel for the petitioner submitted that the lower Court, while granting anticipatory bail to the petitioner, the trial Court imposed a condition that the petitioner was directed to deposit a sum of Rs.50,000/- to the credit of Crime No.2433 of 2021 before the said Court and the final order in respect of the amount will be passed at the end of the criminal proceedings by the trial Court. However, he is unable to mobilize the funds to deposit the said amount and not able to execute the surety. He further submitted that the petitioner is a poor family and the he is student and he is national https://hcservices.ecourts.gov.in/hcservices/

football player and receiving lot of trophy, medals and certificates and there is no previous cases. Hence, the modification petition has been filed by the petitioner.

3. Heard the learned Additional Public Prosecutor appearing for the respondent police.

4. Considering the facts and circumstances of the case, reason is justifiable, hence, this Court modifies the condition No.6(b) that the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.2433 of 2021 before the said Court and the final order in respect of the amount will be passed at the end of the criminal proceedings by the trial Court. The other conditions imposed by the Court shall remain intact.

5. With the above modification, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar msrm To

1. The Principal Sessions Judge, Chennai.

2. The Inspector of Police, H-5, New Washermenpet Police Station, Chennai.

3. The Public Prosecutor, Madras High Court.

Crl.O.P.No.1340 of 2022 A.SK(09.02.2022) https://hcservices.ecourts.gov.in/hcservices/