Jothivel 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.1603 of 2022 IN CRL OP.25808 of 2021 JOTHIVEL [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT / COMPLAINANT ] THE INSPECTOR OF POLICE, AMBALUR POLICE STATION, THIRUPATHUR DISTRICT.

CRIME NO. 288 OF 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 para 5(b) imposed by this Hon'ble Court in the order dated 03.01.2022 in Crl.OP.25808 of 2021 as petitioner to deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) to the Credit the Crime No.288 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.S.SENTHAMIL SELVAN, 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. 5(b) of the order dated 03.01.2022 passed by this Court in Crl.O.P.No.25808 of 2021 while granting anticipatory bail.

2. The learned counsel for the petitioner has submitted that one of the the conditions imposed on the petitioner that the petitioner shall deposit a sum of Rs.2,00,000/- to the credit of Crime No.288 of 2021 and on such deposit, the petitioner shall execute two sureties for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, before the learned Judicial Magistrate, Vaniyambadi within 15 days from the date

of commencement of the Court's normal functioning, failing which the bail granted by this Court shall stand dismissed automatically. He further submitted that the petitioner has been ranked as A2 and he has been falsely implicated in this case and also not able to mobilize the fund, due to his unemployment. While granting anticipatory bail order, to deposit Rs.2,00,000/- to the credit of Crime No.288 of 2021 was one of the conditions imposed on the petitioner and the petitioner has not received any amount from A1 who is still absconding and hence he seeks modification.

3. Learned Government Advocate (Crl. Side) appearing for the respondent police has submitted that as per complaint nearly about Rs.5,00,000/- has been collected by A1 and A2 by giving false promise to get a job. He further submitted that A1 is still absconding. Hence, he opposed to allow this petition.

4. In the above circumstances, this petition is allowed by modifying the condition to the effect that the petitioner shall deposit a sum of Rs.1,00,000/- (Rupees one Lakh only) instead of Rs.2,00,000/- to the credit of Crime No.288 of 2021 and on such deposit, the petitioner shall execute two sureties for a sum of Rs.10,000/- each before the learned Judicial Magistrate, Vaniyambadi, Vellore within a period of two weeks from the date on which, the order copy was made ready.

5. Except the above modification , all other conditions imposed by this Court in its order dated 03.01.2022 in Crl.OP.No.25808 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, VANIYAMBADI, VELLORE.

2 THE CHIEF JUDICIAL MAGISTRATE, VELLORE [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, AMBALUR POLICE STATION, THIRUPATHUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

C.C. to M/S.S.SENTHAMIL SELVAN Advocate on payment of necessary charges Order in CRL MP.1603/2022 in CRL OP.25808/2021 Date :10/03/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format JPA 16/03/2022