Mansoor Ali v. The Inspector Of Police

Crl.M.P.Nos.2193 and 2194 of 2023 in Crl.RC.No.1562 of 2022 V. SIVAGNANAM, J.

Crl.M.P.No.2193 of 2023 is filed by the petitioner to modify the condition imposed upon him to deposit a sum of Rs.2 lakhs to the credit of Crl.M.P.No.1477 of 2022 in Crime No.166 of 2022 within a period of fifteen days from the date on which the order copy is made ready in Crl.R.C.No.1562 of 2022.

2. Crl.M.P.No.2194 of 2023 is filed to extend the time to comply the condition imposed upon him to deposit a sum of Rs.2,00,000/- to the credit of Crl.M.P.No.1477 of 2022 in Crime No.166 of 2022 within a period of 15 days from the date on which the order copy is made ready in Crl.R.C.No.1562 of 2022.

3. The learned counsel for the petitioner submitted that on 14.12.2022 this Court allowed the Crl.R.C.No.1562 of 2022 by setting aside the impugned order passed by the court below and granted interim custody of 41 buffalo calves to the petitioner on condition that the petitioner shall deposit a sum of Rs.2 lakhs to the credit of Crl.M.P.No.1477 of 2022 in Crime No.166 1/4

of 2022 within 15 days from the date of receipt of copy of that order. He further submitted that the petitioner is a poor farmer hailing from agrulture family and he is not having sufficient means of finance to deposit Rs.2 lakhs, therefore he could not mobilise the funds to comply with the above said condition, however, he is ready to execute bond for Rs. 2 lakhs to the satisfaction of court below. Thus, he prayed for modification of the above said condition.

4. Heard the learned counsel for the petitioner and learned Govt. Advocate (crl.side) and perused the accompanying affidavits filed in support of these petitions.

5. Considering the submissions of the learned counsel for the petitioner, this court is inclined to modify the condition No.(i) of para 5 imposed on the petitioner in the order passed in Crl.R,C.No.1562 of 2022, dated 14.12.2022.

6. Accordingly, the condition No.(i) imposed in paragraph 5 of the order passed in Crl.R.C.No.1562 of 2022, dated 14.12.2022 is modified as follows;

(i) The petitioner shall execute a bond for a sum of 2/4

Rs.2,00,000/- (Rupees two lakhs only) to the satisfaction of District Munsif-cum-Judicial Magistrate, Madukkarai, Coimbatore, within a period of 15 days from the date of receipt of a copy of this order.

7. Except the above modification, the other conditions imposed in the order passed in Crl.R.C.No.1562 of 2022, dated 14.12.2022 shall remain unaltered.

8. Crl.M.P.Nos.2193 and 2194 of 2023 are ordered accordingly. 15.02.2023 msr 3/4

V. SIVAGNANAM, J.

msr Crl.M.P.Nos.2193 and 2194 of 2023 in Crl.RC.No.1562 of 2022 15.02.2023 4/4