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Madras High CourtCRL MP/2497/2019dismissed

Sundhar v. State By

2019-02-14Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Fourteenth day of February Two Thousand Nineteen PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL MISCELLANEOUS PETITION No.2497 of 2019 IN CRL OP.2636/2019 1 SUNDHAR [ PETITIONERS/ACCUSED 1-4 ] 2 GANDHIKUMAR 3 DHANAVEL @ POTTUKALLAI 4 NAGESHWARI @ KAVERY Vs STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, P.E.W. ARIYALUR, ARIYALUR DISTRICT.

CR. NO. 76 OF 2019.

Petition praying that in the circumstances stated therein the High Court will be pleased to modify the condition imposed in Crl.OP.No.2636 of 2019 on 1.2.2019 by this Honblw Court from to appear before the respondent daily at 10.30 am for a period of two weeks as to appear before the Learned Judicial MagistrateII,Jayamkondam. Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.D.KRISHNAMURTHY Advocate for the petitioner and of MR.M.MOHAMED RIYAZ,ADDL.PUBLIC PROSECUTOR on behalf of the Respondent the court made the following order:- This petition has been filed seeking to modify the condition imposed by this Court in Crl.O.P.No.2636 of 2019, while granting anticipatory bail.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. The learned counsel for the petitioner would submit that the petitioners hail from a very poor agricultural family and they were unable to pay such huge amount of Rs.10,000/- for non-refundable deposit. Hence, the petitioners find very difficult to comply with the condition imposed by this Court and they prayed to modify the condition.

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4. The learned Additional Public Prosecutor appearing for the State would submit that the petitioner were found in illegal possession 1540 litres of illicit Arrack. Hence, he opposed to modify the condition.

5.Taking into consideration the nature of the allegation and the submissions made by the learned Additional Public Prosecutor, this Court is not inclined to modify the condition. -sd/- 14/02/2019 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,JAYAMKONDAM,ARIYALUR DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE ARIYALUR[FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, P.E.W. ARIYALUR, ARIYALUR DISTRICT.

C.C. to M/S.D.KRISHNAMURTHY Advocate on payment of necessary charges Order in CRL MP.2497/2019 in CRL OP.2636/2019 Date :14/02/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RD 20/02/2019 https://hcservices.ecourts.gov.in/hcservices/