Rajan Syal v. The Inspector Of Police

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.2529 of 2022 IN CRL OP.1273 of 2022 RAJAN SYAL [ PETITIONER ] Vs THE STATE REPRESENTED BY [ RESPONDENT ] THE INSPECTOR OF POLICE NEELANKARAI POLICE STATION, KANCHEEPURAM DISTRICT.

TAMIL NADU CRIME NO.22 OF 2022 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 Crl.O.P.No.1273 of 2022 dated 21.01.2021 with regard to the payment of the sum of Rs.1,50,000/-(Rupees One lakh fifty thousand only) (Rs.50,000/- each) to the parents of the deceased and his legally wedded wife to be deposited before the Judicial Magistrate II, Alandur and pass such other or further order as this Hon'ble Court deem fit and proper in the circumstances of the case and 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. R.N.AMARNATH, Advocate for the Petitioner and of MR.L.BASKARAN, Govt. Advocate (Crl. Side) on behalf of the Respondent the court made the following order:- The Petitioner has filed this petition seeking to modify the condition that the petitioner was directed to pay interim compensation a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) (Rs.50,000/-each) to the deceased family members i.e., his mother, father and his legal wedded wife to be deposited before the Judicial Magistrate -II, Alandur, imposed by this Court in Crl.O.P.No.1273 of 2022 dated 21.01.2022..

2. The learned Counsel appearing for the petitioner submitted that in order to pay the money, he has tried to locate the parents of the deceased and his legally wedded wife and he also approached the concerned police to trace said persons. He further submitted that he came to know that the said persons are not residing at Chennai. In spite of the best efforts, he could not trace the persons and was not able to identify them. He further submitted that the condition in the order passed with regard to the payment of the money may be modified by directing the petitioner to deposit the amount to the credit of Crime No.22 of 2022 before the Judicial Magistrate No.II, Alandur. Hence, the present modification petition has been filed..

3. Heard the learned Government Advocate (Crl.Side) appearing for the respondent police.

4.Considering the facts and circumstances of the case, reason is justifiable, the condition already imposed by this Court is modified and the petitioner is directed to deposit a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) to the credit of Crime No.22 of 2022 before the Judicial Magistrate No.II, Alandur and further two weeks time is granted to the petitioner to comply with the conditions imposed by this Court. The trial Court is directed to pay the said amount to the legal heirs of the deceased, after due enquiry. This petition is ordered.

-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 JUDICIAL MAGISTRATE, NO.II, ALANDUR.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPET [FOR INFORMATION] 3 THE INSPECTOR OF POLICE NEELANKARAI POLICE STATION, KANCHEEPURAM DISTRICT. TAMIL NADU

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 TAMIL NADU STATE LEGAL SERVICE AUTHORITY, KANCHEEPURAM.

6 THE SECRETARY, HIGH COURT LEGAL SERVICES COMMITTEE HIGH COURT, MADRAS.

C.C. to M/S. R.N.AMARNATH Advocate on payment of necessary charges Order in CRL MP.2529/2022 in CRL OP.1273/2022 Date :28/02/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format JPA 07/03/2022