T.Kavimani v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2020

CORAM

THE HONOURABLE MR. JUSTICE N.SESHASAYEE Crl.O.P.No.4510 of 2020 T.Kavimani ... Petitioner Vs.

The Inspector of Police, Ariyalur Police Station, Ariyalur District.

... Respondent PRAYER: Criminal Original petition has been filed under Sections 439(1)(b) of the Code of Criminal Procedure, to modify the condition in Crl.M.P.No.3257 of 2019 order dated 09.01.2020 passed by the learned Principal Session Judge, Ariyalur, that the petitioner is directed to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand Only) as a non refundable deposit to the credit of the concerned District Mineral Foundation Trust, Ariyalur.

For Petitioner : Mr.C.Ranganathan For Respondent : Mrs. S.Thankira Government Advocate (Crl. Side)

O R D E R

This Criminal Original petition has been filed seeking for a modification of the bail condition imposed on 09.01.2020 in Crl.M.P.No.3257 of 2019 by the learned Principal Session Judge, Ariyalur, that the petitioner is directed to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand Only) as a non refundable deposit to the credit of the concerned District Mineral Foundation Trust, Ariyalur.

2. The learned counsel for the petitioner submitted that the petitioner was granted bail vide order of the learned Principal Sessions Judge, Ariyalur, in Crl.M.P.No.3257 of 2019 dated 09.01.2020. The learned counsel for the petitioner submitted that one of the bail conditions imposed on the petitioner is that he should deposit Rs.50,000/- (Rupees Fifty Thousand Only) as non refundable deposit to the credit of the concerned District Mineral Foundation Trust, Ariyalur. He further submitted that the petitioner was detained under Act 14, and that he was in judicial custody for 76 days. He now seeks modification, since the owner of the vehicle, of which the petitioner is the driver, already deposited a sum of Rs.50,000/-.

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3. The learned Government Advocate (Crl.Side) submitted that the Court below had imposed the condition after taking into consideration the facts and circumstances of the case and there is no ground to interfere with the same.

4. The condition imposed by the Court below directing the petitioner to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand Only) as a non refundable deposit to the credit of the concerned District Mineral Foundation Trust, Ariyalur is dropped. The other condition imposed by the Court below shall stand as it is.

5. This Criminal Original Petition is disposed of, with the above modification.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar msrm/ssn To

1. The learned Principal Session Judge, Ariyalur.

2. The Inspector of Police, Ariyalur Police Station, Ariyalur District.

3.The District Mineral Foundation Trust, Ariyalur 4.The Public Prosecutor, Madras High Court.

+1cc to Mr.G.Ranaganathan, Advocate SR.No. 17840 Crl.O.P.No.4510 of 2020 A.SK(02/03/2020) https://hcservices.ecourts.gov.in/hcservices/