Dhanapal @ Sridhar v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.4.2015
CORAM:
THE HON'BLE MR.JUSTICE R. SUBBIAH Crl.O.P. No.10772 of 2015 Dhanapal @ Sridhar
...Petitioner
Vs.
The State, represented by the Inspector of Police, Tiruppur North Police Station, Tiruppur District.
Cr.No.212 of 2015
...Respondent
Criminal Original Petition filed under Section 439(1)(b) and 482 of Cr.P.C., to modify the order passed by the learned Principal Sessions Judge, Tiruppur in Cr.M.P.No.372 of 2015 on 7.4.2015 enabling the petitioner to give sureties with proper proof of residence like Ration card without depositing a sum of Rs.5,00,000/- and also not to insist house for receipt and solvency certificate. For Petitioner :
Mr.S.P.Meenakshi Sundaram For Respondent :
Mr.M. Mohamed Riyaz Govt. Advocate (Crl.side)
O R D E R
Petition for relaxation of condition imposed in Crl.M.P.No.372 of 2015 dated 7.4.2015 on the file of learned Principal Sessions Judge, Tiruppur;
2. On 7.4.2015, in Crl.M.P.No.372 of 2015, the learned Principal Sessions Judge, Coimbatore while granting bail to this petitioner has imposed a condition that the petitioner should deposit a sum of Rs.5,00,000/- with the Judicial Magistrate-I, Tiruppur and shall execute a bond for Rs.10,000/- each along with two sureties and
appear before respondent police thrice at 10.30 a.m, 2.00 p.m. and 5.00 p.m., respectively.
3. The learned counsel for the petitioner submitted that the petitioner is hailing from a poor family and now he was inside the prison, due to which, he is unable to mobilise funds. Hence he could not able to come out jail though he was granted bail. Thus he prays for modification of condition with respect to deposit of Rs.5 lakhs with the learned Judicial Magistrate-I, Tiruppur.
4. Learned Government Advocate (crl.side) submitted that the total amount involved is Rs.34 lakhs and opposed to modify the condition.
5.Taking into consideration the factual aspects of the case and submissions of the learned counsel for the petitioner, the condition imposed by the learned Principal Sessions Judge, Tiruppur in Crl.M.P.No.372 of 2015 directing the petitioner to deposit a sum of Rs.5,00,000/- is modified to the effect that the petitioner shall deposit a sum of Rs.2,00,000/- (Rupees two lakhs only) to the credit of Crime No.212 of 2015 before the learned Judicial Magistrate-I, Tiruppur. Except that, all other conditions shall remain unaltered.
6. This petition is disposed of with the above modification. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar msr To
1. The Principal Sessions Judge, Tiruppur.
2. The Public Prosecutor, High Court, Chennai.
3. The Inspector of Police, Tiruppur North Police Station, Tiruppur District.
4. The Judicial Magistrate-I, Tiruppur.
5. The Superintendent, Central Prison, Coimbatore.
1CC to to M/s. S.P. Meenakshi Sundaram, Advocate SR 23514 Crl.O.P. No.10772 of 2015 CA [CO] PSI 30.04.2015