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Madras High CourtCRL RC/349/2018allowed

J.Rajkumar, Aged 42 Years, v. State By

2018-03-22Honourable Mr Justice M.V. Muralidaran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.03.2018 Coram THE HONOURABLE MR. JUSTICE M.V.MURALIDARAN Crl.R.C.No.349 of 2018 J.Rajkumar ... Petitioner/Accused vs State by The Sub Inspector of Police, District Crime Branch, Namakkal District.

... Respondent/Complainant Prayer : Criminal Revision Petition filed under Section 397 read with 401 of the Code of Criminal Procedure praying to set a side the order dated 13.02.2018 passed in C.M.P.No.626 of 2018 in Cr.No.1 of 2018 on the file of the Judicial Magistrate-1, Namakkal, Namakkal District in so far relates to condition imposed for deposit of Rs.20 lakhs.

For Petitioner : Mr.C.Prakasam For respondent : Mr.A.Ramar, Government Advocate (Crl. Side) Mr.M.K.Subramanian for Defacto Complainant

O R D E R

The prayer sought for in this revision is to set a side the order dated 13.02.2018 passed in C.M.P.No.626 of 2018 in Cr.No.1 of 2018 on the file of the Judicial Magistrate-1, Namakkal, Namakkal District in so far relates to the condition imposed for deposit of Rs.20,00,000/- (Rupees twenty lakhs only).

2. The learned Judicial Magistrate-1, Namakkal District while granting bail in C.M.P.No.626 of 2018 imposed a condition that the petitioner should deposit a sum of Rs.20,00,000/- (Rupees twenty lakhs only) within a period of four weeks from the date of his release. Challenging that order, the present Revision has been filed.

3. Heard Mr.C.Prakasam, learned counsel for the petitioner and Mr.A.Ramar, learned Government Advocate (Crl. Side) for the respondent.

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4. According to the prosecution, the revision petitioner cheated sum of Rs.1,01,45,711/- (Rupees one Crore, one lakh forty five thousand seven hundred and eleven only). Therefore, the learned Judicial Magistrate-1, Namakkal granted bail on condition that the petitioner should pay a sum of Rs.20,00,000/-.

5. Considering the facts and circumstances of this case, and in the interest of Justice, the condition imposed by the Judicial Magistrate 1, Namakkal in C.M.P.No.626 of 2018 dated13.02.2018 is modified to the effect that the petitioner is directed to deposit Rs.15,00,000/- instead of Rs.20,00,000/-. Out of which, the petitioner shall deposit a sum of Rs.10,00,000/- as first installment, within a period of two weeks from the date of receipt of a copy of this order and thereafter, deposit the remaining amount of Rs.5,00,000/- in two weeks. Accordingly, this Criminal Revision is allowed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar vum To

1. The Judicial Magistrate-1, Namakkal District.

2. The Sub Inspector of Police, District Crime Branch, Namakkal District.

+1cc to Mr.M.K.Subramanian, Advocate, S.R.No.21744 +1cc to Mr.C.Prakasam, Advocate, S.R.No.21972 Crl.R.C.No.349 of 2018 KJ(CO) RRK(23/03/2018) https://hcservices.ecourts.gov.in/hcservices/