Jayaprakash v. The Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.2141 of 2019 1.Jayaprakash 2.Jayavaradhan

...Petitioners/

Accused No.1 & 2 Vs.

The Station House Officer, Tindivanam Police Station, Tindivanam, Villupuram District.

(Crime No.16 of 2019)

...Respondent /

Complainant PRAYER: This Criminal Original Petition filed under Section 482 of the Cr.P.C., to modify the condition imposed upon the petitioner in Crl.M.P.No.419 of 2019 dated 11.01.2019 by the learned Principle Sessions Judge, Villupuram, shall be modified as Rs.25000/- each instead of Rs.75000/- each on such terms and conditions.

For Petitioners : Mr.K.G.Senthil Kumar For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed seeking to modify the condition imposed by the Court below which has directed the petitioners to deposit a sum of Rs.75000/- each as cash security, while granting bail to the petitioners.

2. The petitioners were arrested by the respondent police and were remanded to Judicial custody on 07.01.2019 for offences under Sections 294(b), 323, 427, 447, and 506(i) of IPC.

3. The Court below considering the facts and circumstances of the case imposed a condition that the petitioners will have to deposit a sum of Rs.75,000/- each as cash security. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Counsel for the petitioners submitted that the condition imposed by the Court below is onerous and the petitioners are not in a position to comply with the condition due to their financial constraints.

5. In the facts and circumstances of the case, the order of the Court below is modified and the petitioners are directed to deposit a sum of Rs.35000/- each as cash security on or before 06.02.2019. Except the above modification, the other conditions imposed by the Court below shall stand as it is.

6. Accordingly, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar ub/ggi To 1.

The Principal Sessions Judge, Villupuram

2. The Station House Officer, Tindivanam Police Station, Tindivanam, Tindivavam District.

(Crime No.16 of 2019)

3. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.K.G.Senthilkumar, Advocate, S.R.No.6303 Crl.O.P.No.2141 of 2019 SJ(CO) SSM(29/01/2019) https://hcservices.ecourts.gov.in/hcservices/