Sakila v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-02-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL MP NO. 1263 of 2025 IN CRL OP NO.29919 of 2024 SAKILA W/O. ISMAIL, No 44 Othavadai Street Perambur Chennai 600 011 Appellant(s) Vs

1. The State Rep By Inspector Of Police, M1, Madhavaram Police Station, Crime.

(Crime No. 953/2024)

2. Parameswari Respondent(s) For Appellant(s):

G.Mohana Krishnan S.Priyadarshini, For Respondent(s):

Mr.S.Santhosh Government Advocate (Crl.Side)

O R D E R

This Criminal Miscellaneous Petition has been filed seeking to modify the condition imposed in paragraph 8 of the order dated 12.12.2024 in Crl.O.P.No.29919 of 2024.

2. It is submitted by the learned counsel for the petitioner that this Court, while ordering the petition in Crl.O.P.No.29918 & 29919 of 2024 on 12.12.2024 has directed the petitioner to deposit the original title deeds of an immovable property not less than the value of Rs.10 lakhs (standing in the name of the petitioner/Sakila or her relatives or her friends) to the credit of Crime No.953 of 2024. He further submitted that the petitioner does not own any property and her friends are also not ready to help the petitioner, thereby, she is unable to deposit the original title deeds of an immovable property, however, as an alternative, she is ready to deposit a sum of Rs.5 lakhs to the credit of crime number, without prejudice to her defence. He also submitted that if the condition is not modified, the petitioner will be put to great hardship, hence, he seeks for modification of the condition.

3. Taking into consideration the submission made by the learned counsel appearing for the petitioner, this Court is inclined to modify the conditions imposed by this Court in Crl.O.P.No.29918 & 29919 of 2024 dated 12.12.2024. Accordingly, the paragraph 8 of the order shall be read as follows :-

"8. Accordingly, the second accused namely, Sakila, without prejudice to her rights and contentions before the trial Court, is directed to deposit a sum of Rs.5,00,000/- (Rupees Five Lakhs only) to the credit of Crime No.953 of 2024 before the court concerned and making it clear that it would not amount to admission of guilt, on such deposit, the learned Magistrate concerned shall re-deposit the amount in any interest bearing deposit schemes in any of the nationalised banks and the disposal of the same shall be decided at the time of disposal of the case. On such deposit, the petitioners are ...... "

4. It is made clear that all other conditions remain unaltered and the petitioners shall execute the sureties within a period of two weeks from the date of receipt of copy of this order.

5. With the above modifications, this Criminal Miscellaneous Petition stands ordered.

07.02.2025 ham To Inspector Of Police, M1, Madhavaram Police Station, Crime.

A.D.JAGADISH CHANDIRA.,J.

ham CRL MP NO. 1263 of 2025 IN CRL OP NO.29919 of 2024 07.02.2025