Gopinath v. The State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Eighth day of March Two Thousand Twenty One PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL MISCELLANEOUS PETITION No.2655 of 2021 IN CRL OP.10747/2020 GOPINATH [ PETITIONER ] Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, PEW AMBATTUR POLICE STATION, CHENNAI.
(CRIME NO.319 OF 2020) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to modify the condition in the Crl.O.P.No.10747/2020 ordered on 20.07.2020 to the safisfaction of the Judicial Magistrate, Ambattur, instead of to the safisfaction of the officer who intends to arrest in the sub clause (a) of paragraph 7 and to modify Judicial Magistrate, Ambattur instead of "Respondent police" in the sub clause [b] of paragraph 7.
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. A.SYED KALEESHA, Advocate for the petitioner, and of MR. C.IYYAPPARAJ, Additional Public Prosecutor, on behalf of the Respondent, the court made the following order:- This Criminal Miscellaneous Petition has been filed to modify the condition in 7(a) imposed by this Court in Crl.O.P.No.10747 of 2020, dated 20.07.2020 directing the petitioner to surrender and execute sureties for a like sum to the satisfaction of the Police Officer who intends to arrest.
2. The learned Counsel for the petitioner would submit that this Court had granted anticipatory bail to the petitioner in Crl.O.P.No.10747 of 2020 by order dated 20.07.2020 directing him to deposit a sum of Rs.10,000/- as non refundable deposit to the Chief Minister's Public Relief Fund and had also directed the petitioner to surrender and execute sureties before the Police Officer who intends to arrest since, the trial Courts were closed due to Covid.
He would submit that the petitioner has paid the said amount to the Chief Minister's Relief Fund. However, his surrender was not accepted by the respondent police. Hence, he seeks for modification of the said condition and to permit the petitioner to surrender before the concerned Magistrate instead of surrendering before the Police Officer who intends to arrest.
3.Heard the learned Additional Public Prosecutor appearing for the respondent police.
4.Considering the above facts and submissions of the learned Counsels, the above said condition in Crl.O.P.No.10747 of 2020 dated 20.07.2020, is modified to the effect that the petitioner shall surrender and execute a bond for a sum of 10,000/- (Rupees Ten Thousand Only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Ambathur, within a period of 15 days from the date on which the order copy is made ready.
5.This petition is ordered accordingly. The other conditions shall remain intact.
-sd/- 08/03/2021 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, AMBATTUR.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, PEW AMBATTUR POLICE STATION, CHENNAI.
5 THE SECRETARY, THE CHIEF MINISTERS PUBLIC RELIEF FUND, INDIAN OVERSEAS BANK, SB A/C.NO.117201000000070 IFSC CODE. NO.IOBA0001172.
C.C. to M/S. A.SYED KALEESHA Advocate on payment of necessary charges Order in CRL MP.2655/2021 in CRL OP.10747/2020 Date :08/03/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-15/03/2021