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Madras High CourtCRL MP/1107/2023dismissed

Valarmathi v. Inspector Of Police

2023-02-01Honourable Mrs Justice T.V.Thamilselvi2 pages

Crl.M.P.No. 1107 of 2023 in CRL. O.P. No.1303 of 2022 Crl.M.P.No. 1107 of 2023 in CRL. O.P. No.1303 of 2022 T.V.THAMILSELVI,J.

This petition is filed to modify the condition No.4 imposed on the petitioner by this Court in Crl.M.P.No.15976 of 2022 in Crl.O.P.No.1303 of 2022, dated 30.11.2022 to permit the petitioner to deposit the title deed stand in the name of her son namely S.Arul Kumar instead of deposit a sum of Rs.2,00,000/- to the credit of Crime No.08/2021 before the learned District Munsif cum Judicial Magistrate, Neyveli.

2.This Court vide order dated 30.11.2022, modified the condition No.6(a) imposed upon the petitioners that 2nd petitioner is directed to deposit the title deeds standing in his name worth about Rs.15,00,000/- instead of depositing an amount of Rs.5,00,000/- and at the same time, the 1st petitioner herein has to deposit an amount of Rs.2,00,000/- to the credit of Crime No.08 of 2021 instead of depositing an amount Rs.5,00,000/- within a period of four weeks from the date of receipt of copy of this order.

3. Today, when the matter is taken up for hearing, the learned counsel for the petitioner submitted that the 1st petitioner who is a housewife, could not mobilize the https://www.mhc.tn.gov.in/judis 1/2

Crl.M.P.No. 1107 of 2023 in CRL. O.P. No.1303 of 2022 sum of Rs.2,00,000/- to deposit before the learned Magistrate as directed by this Court and therefore, she is ready to deposit the title deed stand in the name of her son namely S.Arulkumar and a land property worth about Rs.5,00,000/-registered in document No.572/2000 at the Sub Registered Office, Cuddalore District instead of the deposit of Rs.2,00,000/-. Therefore he is unable to deposit original title deeds of immovable properties as imposed on the petitioner 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 petitioner's representation. Now, this modification petition has filed on a different ground, which is not permissible.

Hence, this petition for modification of the condition imposed by this Court on 30.11.2022 in Crl.M.P.No.15976 of 2022 in Crl.O.P.No.1303 of 2022 is not acceded to and accordingly, this miscellaneous petition is dismissed. However, time is extended for a period of two weeks for complying with the conditions.

01.02.2023 vsn Crl.M.P.No. 1107 of 2023 in T.V.THAMILSELVI,J.

vsn https://www.mhc.tn.gov.in/judis 2/2