R.Ramesh v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Eighth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL MISCELLANEOUS PETITION No.1939 of 2022 IN CRL OP.9608/2021 R.RAMESH [ PETITIONER/ACCUSED ] Vs STATE REP.BY [ RESPONDENT/COMPLAINANT ] THE INSPECTOR OF POLICE, MUTHANDIKUPPAM POLICE STATION, CUDDALORE DISTRICT.

(CR.NO.147 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 the petitioner is directed to deposit, a sum of Rs.5000/- (Rupees Five thousand only) as non refundable deposit to the credit of the District Legal Services Authority, Kallakurichi district, order dated 27.05.2021 in Crl.OP.NO.9608 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.SIVAKUMAR, 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 petitioner has filed this petition seeking to modify the condition imposed by this Court in Crl.O.P.No.9608 of 2021, while he was enlarged on anticipatory bail that the petitioner is directed to deposit a sum of Rs.5,000/- (Rupees five thousand only) as a non refundable deposit to the credit of the District Legal Services Authority, Kallakurichi District.

2. The learned Counsel appearing for the petitioner submitted that the petitioner belongs to poor family and he has no permanent shelter .He would further submit that there is no District Legal Services Authroity in the newly separated Kallakurichi District, hence the petitioner was not able to deposit the above said amount. Hence he prayed this Court to deposit the said amount before the

District Legal Services Authority, Villupuram District, instead of Kallakurichi District and modify the order dated 27.5.2021 accordingly.

3. Heard the learned Government Advocate (Crl.Side) appearing for the respondent police.

4.Considering the facts and circumstances of the case and taking note of the fact that the reason is justifiable, the condition already imposed by this Court that the petitioner shall deposit Rs.5000/- as non refundable amount to the credit of District Legal Services Authroity, Kallakurichi is modified to the effect that he shall deposit such amount as non refundable before the District Legal Services Authority, Villupuram District. Merely, because the petitioner has deposited the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently.

5. This petition is ordered with the above modification. -sd/- 28/02/2022 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, PANRUTI, CUDDALORE.

2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE DISTRICT [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, MUTHANDIKUPPAM POLICE STATION, CUDDALORE DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE DISTRICT LEGAL SERVICES AUTHORITY, VILLUPURAM DISTRICT.

6 THE DISTRICT LEGAL SERVICES AUTHORITY, KALLAKURICHI DISTRICT.

7 THE SECRETARY, TAMIL NADU STATE LEGAL SERVICES AUTHORITY, HIGH COURT, MADRAS.

+1C.C. to M/S.S.SIVAKUMAR Advocate on payment of necessary charges SR.No.3155 Order in CRL MP.1939/2022 in CRL OP.9608/2021 Date :28/02/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format CSK 11/03/2022