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Madras High CourtCRL MP/2054/2022dismissed

Venkatesan v. State Rep By Its

2022-02-28Honourable Mrs Justice T.V.Thamilselvi3 pages

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.2054 of 2022 IN CRL OP.674 of 2022 VENKATESAN [ PETITIONER / ACCUSED-2 ] Vs STATE REP BY ITS [ RESPONDENT ] INSPECTOR OF POLICE, CHETPET POLICE STATION, KILPAUK, CHENNAI DISTRICT.

(CRIME NO.326 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 order of the condition that 6(a) the petitioner shall deposit a sum of Rs.2,00,000/- (Rupees Two Lakh Only) to the credit of Cr.No.326 of 2021 before the learned Metropolitan Magistrate-II, Egmore, Chennai within a period of two weeks from the date of receipt of a copy of this order made in Crl O.P.674 of 2021 on 12.01.2022 and thus render Justice.

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.ARIVAZHAGAN, Advocate for the Petitioner and of MR.L.BASKARAN, Govt. Advocate (Crl. Side) on behalf of the Respondent and of M/S.P.SATHYANATHAN, Advocate for the Intervenor the court made the following order:- The petitioner has filed this petition seeking to modify the condition that the petitioner shall deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) to the credit of Crime No. 326 of 2021 before the learned Metropolitan Magistrate - II, Egmore, Chennai within a period of two weeks from the date of receipt of copy of this order made in Crl.O.P.No. 674 of 2022 on 12.01.2022.

2. The learned Counsel appearing for the petitioner submitted that the petitioner is no way connected in this case and he is not able mobilize the amount as ordered by this Court in Crl.O.P.No.674 of 2022 dated 12.01.2022. Hence, the present modification petition has been filed.

3. The learned counsel for the intervener raised objection stating that the petitioner received a sum of Rs.6,70,000/-, in which, he received a sum of Rs. 2,00,000/- through Google pay and remaining amount through cash from the defacto complainant, thus he prayed for dismissal of this petition.

4. Learned Government Advocate (Crl.side) submitted that the petitioner/accused is refusing to cooperate with the respondent police for the investigation as well as for recording his statement. Hence, he vehemently opposed for modification of condition imposed on him.

5. On seeing the contact of the petitioner as well as the nature of the offence, this Court is not inclined to modify the condition.

6. Accordingly, criminal Miscellaneous petition is dismissed. -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 METROPOLITAN MAGISTRATE, NO.II, EGMORE, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, CHETPET POLICE STATION, KILPAUK, CHENNAI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 C.C. to M/S.S.ARIVAZHAGAN Advocate on payment of necessary charges SR.NO.3041 Order in CRL MP.2054/2022 in CRL OP.674/2022 Date :28/02/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format JPA 10/03/2022