T.Manimaran v. The State Rep.By Its,
Crl.MP.No.2507 of 2023 in Crl.OP.No.421 of 2023 T.V.THAMILSELVI,J.
The present petition has been filed to modify the condition imposed on the petitioner in Paragraph No.6(a) of the order dated 12.01.2023 passed by this Court in Crl.O.P.No.421 of 2023 while granting anticipatory bail.
2. The learned counsel for the petitioner has submitted that one of the conditions imposed on the petitioner is that "the petitioners shall deposit a sum of Rs.2,00,000/- (Rupees Two lakhs only) to the credit of Cr.No.284 of 2022 before the learned District Munsif-Cum-Judicial Magistrate, Nannilam, Thiruvarur District, within a period of four weeks from the date on which the order copy made ready. On such deposit being made, the District Munsif-Cum-Judicial Magistrate, Nannilam shall obtain an affidavit of undertaking from the defacto complainant stating that in the event of the petitioners succeeding the case, the amount of Rs.2,00,000/- deposited by the petitioners to the credit of Cr.No.284 of 2022 will be returned to the petitioners and obtaining such affidavit of undertaking from the defacto 1/4
complainant, shall disburse the said amount to the defacto complainant within a period of two weeks thereafter". He would further submit that the petitioners were worked as labour in the defacto complainant's Bricks Chamber. Thereafter, they were also compelled to work without any wages. They came out of that bricks work and doing other works as daily wagers, . the petitioners were not able to mobilize the funds, due to which, they were not able to comply with the conditions as imposed by this Court . Hence, he seeks modification.
3. Heard the learned Government Advocate (Crl. Side) appearing for the respondent police.
4. Taking into consideration, the facts and the submissions made by the learned counsel for the petitioner, this petition is allowed by modifying the condition to the effect that "the petitioners shall deposit a sum of Rs.30,000/- (Rupees Thirty thousand only) to the credit of Cr.No.284 of 2022 before the learned District Munsif-Cum-Judicial Magistrate, Nannilam, Thiruvarur District, within a period of fifteen days from the date on which the order copy made ready and on such deposit, the defacto 2/4
complainant is directed to withdraw the said amount on proper identification and acknowledgment. All other conditions remain intact.
6. With the above modification, this Criminal Miscellaneous Petition is allowed.
Vv 21.02.2023 3/4
T.V.THAMILSELVI,J.
Vv in Crl.OP.No.421 of 2023 21.02.2023 4/4