Madras High CourtCRL OP/2861/2021disposed of

Vinoth v. State Rep.By

2021-02-18Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:18.02.2021

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.2861 of 2021 Vinoth .. Petitioner Vs.

State rep. by The Inspector of Police, Vellavedu Police Station, Thiruvallur District.

(Crime No.2548 of 2020) .. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to modify the condition to the petitioner as to execute bond for Rs.10,000/- with two sureties before the Judicial Magistrate No.II, Poonamallee instead of the original condition imposed by the Principal District & Sessions Judge, Thiruvallur in OLBP No.1886 of 2020 dated 14.09.2020 to the petitioner to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand) in Crime No.2548 of 2020 and thus render justice. For Petitioner : Mr.S.Thiyagarajan For Respondent : Mr.M.Mohammed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed challenging the condition imposed by the Court below while granting bail to the petitioner. 2.The respondent police registered Crime No.2548 of 2020 for the offences under Sections 379, 430 IPC r/w 36(A) of MMDR Rules on the ground that there was an illegal theft of three units of river sand. The petitioner who is the owner of the vehicle was arrested and remanded to judicial custody. The petitioner filed a bail application before the Court below and the Court below while granting the bail to the petitioner, imposed certain conditions. The petitioner is aggrieved by one of the conditions imposed by the Court below wherein, the petitioner was directed to deposit Rs.50,000/- to the credit of Crime No.2548 of 2020 https://hcservices.ecourts.gov.in/hcservices/

before the Judicial Magistrate No.II, Poonamallee. 3.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent.

4.Taking into consideration the facts and circumstances of the case and also keeping in mind the regular conditions that are imposed by this Court, the conditions imposed by the Court below is modified to the extent that the petitioner shall deposit a sum of Rs.45,000/- instead of Rs.50,000/- as directed by the Court below.

5.This Criminal Original Petition is disposed of by modifying the order passed by the Court below to the extent indicated above.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssr

1. The Principal District & Sessions Judge, Thiruvallur.

2. The Judicial Magistrate No.II, Poonamallee.

3. The Inspector of Police, Vellavedu Police Station, Thiruvallur District.

4.The Public Prosecutor, High Court, Madras.

+1 cc to M/s.R.Sasikumar, Advocate Sr.No. 9703 Crl.O.P.No.2861 of 2021 RSV(CO) RMP(19/02/2021) https://hcservices.ecourts.gov.in/hcservices/