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Madras High CourtCRL MP/2660/2022dismissed

C.Murugan v. State Rep By

2022-03-03Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Third day of March Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL MISCELLANEOUS PETITION No.2660 of 2022 IN CRL OP.15121 of 2021 C.MURUGAN [ PETITIONER ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, E-5, SHOLAVARAM POLICE STATION, THIRUVALLUR DISTRICT (CRIME NO.577 OF 2019) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to modify the imposed in para No.6(a) passed in Criminal Original Petition in Crl O.P No. 15121 of 2021 dated 24.08.2021 and to pass such other orders.

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. T.P.SAVITHA, Advocate for the Petitioner and of MR.S.UDHYA KUMAR, Govt. Advocate (Crl. Side) on behalf of the Respondent the court made the following order:- This petition has been filed to modify the condition imposed by this Court vide order dated 24.08.2021 in Crl.O.P.No.15121 of 2021, wherein, the petitioner was directed to deposit a sum of Rs.2,00,000/- to the credit of The Commissioner, Chennai Corporation without prejudice to his defence before the learned Judicial Magistrate II, Ponneri.

2. This court granted Anticipatory bail to the petitioner on 24.08.2021 imposing the condition that he should deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs Only). Since the petitioner on his own volition agreed to deposit the said amount and was granted anticipatory bail. However, the petitioner already filed a

modification petition to modify the conditions imposed in Crl.O.P.No.15121 of 2021 dated 24.08.2021 and the same was dismissed by this Court. Now, again the petitioner has come before this Court to modify the very same condition imposed by this Court.

4. This Court had granted anticipatory bail only on the petitioner, on his own volition accepting to pay the above amount. However, the petitioner had already filed a modification petition before this Court vide order 23.09.2021 and the same was dismissed. Thus, filing of second modification petition is impermissible. Accordingly, this Criminal Miscellaneous petition is dismissed. However, time is extended for a period of two weeks for deposition of the said amount imposed by this Court in the above Criminal Original Petition.

-sd/- 03/03/2022 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.II, PONNERI 2 THE CHIEF JUDICIAL MAGISTRATE TIRUVALLUR [FOR INFORMATION].

3 THE INSPECTOR OF POLICE, E-5, SHOLAVARAM POLICE STATION, THIRUVALLUR DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE COMMISSIONER CHENNAI CORPORATION, CHENNAI.

+1 C.C. to M/S. T.P.SAVITHA Advocate on payment of necessary charges SR.NO.3320 Order in CRL MP.2660/2022 in CRL OP.15121/2021 Date :03/03/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format JPA 08/03/2022