Kalimullah v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Tenth day of March Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL MISCELLANEOUS PETITION No.1307 of 2022 IN CRL OP.24050/2021 KALIMULLAH [ PETITIONER ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TIRUVANNAMALAI DISTRICT.
CR.NO.8/2021.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to modify the condition imposed by this Hon'ble court by order dated 15.12.2021 made in Crl.OP.No.24050 of 2021.
Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.D.BASKAR, Advocate for the petitioner, and of MR.L.BASKARAN, Govt. Advocate ( Crl. Side) on behalf of the Respondent, the court made the following order:- The present petition has been filed to modify the condition imposed on the petitioner in Paragraph No.6(a) of the order dated 15.12.2021 passed by this Court in Crl.O.P.No.24050 of 2021 while granting anticipatory bail.
2. The learned Counsel appearing for the petitioner has submitted that the petitioner is running a Briyani Shop and he has no other source of income and therefore, he is unable to deposit Rs.7,00,000/- Hence, the present modification petition has been filed.
3. The learned Government Advocate (Crl.Side) has submitted that the petitioner's father/first accused had agreed to sell the land measuring to an extent of 3300 sq.ft for a sum of Rs.17,10,000/- and received a sum of Rs.2,10,000/- and on 13.03.2019, executed sale deed only for 1600 sq.ft and represented that the house and remaining vacant site were under mortgage and wanted amount to discharge the same, pursuant to the same, the petitioner has received a sum of Rs.15,00,000/- from the defacto complainant's family and the defacto complainant came to know that the first accused had clandestinely sold the government property, thereby, the first accused cheated the defacto complainant. Hence, he opposed to grant this petition.
4. On seeing the economic conditions of the petitioner, this petition is allowed by modifying the condition to the effect that the petitioner shall deposit a sum of Rs.5,00,000/- (Rupees Five Lakhs only) instead of Rs.7,00,000/- to the credit of Crime No.8 of 2021 before the learned Judicial Magistrate- I, Thiruvannamalai within a period of two weeks from the date on which, the order copy was made ready. On such deposit being made, the learned Judicial Magistrate-I, Tiruvannamalai, shall obtain an affidavit of Undertaking from the defacto complainant stating that in the event of the petitioner succeeding the case, the amount of Rs.5,00,000/- deposited by the petitioner to the credit of Crime No.8 of 2021 will be returned to the petitioner and after obtaining such affidavit of undertaking from the defacto complainant, shall disburse the said amount to the defacto complainant within a period of two weeks thereafter.
5. Except the above modification , all other conditions imposed by this Court in its order dated 15.12.2022 in Crl.OP.No.24050 of 2021 shall stand unaltered.
6. With the above modification, this Criminal Original Petition is allowed.
-sd/- 10/03/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE JUDICIAL MAGISTRATE, NO.I, TIRUVANNAMALAI.
2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TIRUVANNAMALAI DISTRICT.
+1 C.C. to M/S.D.BASKAR Advocate on payment of necessary charges SR.NO.3777 Order in CRL MP.1307/2022 in CRL OP.24050/2021 Date :10/03/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-23/03/2022