S.Nandhakumar v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twelfth day of April Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL MISCELLANEOUS PETITION No.3955 of 2022 IN CRL OP.22398/2021 S.NANDHAKUMAR [ PETITIONER ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, AWPS - AYANAVARAM, CHENNAI DISTRICT.

CR.NO.7/2021.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to modify the condition imposed by this Hon'ble court in Crl.OP.No.22398/2021 dated 26.11.2021, that "the petitioner should pay sum of Rs.15000 to the defacto complainant wife every month, until further orders" and pass such further or other orders as this Hon'ble court.

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.A.ARASU GANESAN, Advocate for the petitioner, and of MR.L.BASKARAN, Govt. Advocate ( Crl. Side) on behalf of the Respondent, the court made the following order:- This petition has been filed by the petitioner to modify one of the conditions imposed on him by this Court in Crl.O.P.No.22398 of 2021 dated 26.11.2021.

2. The learned counsel for the petitioner submits that the petitioner is only receiving a sum of Rs.15,000/- as a salary, as he is suspended now, while granting anticipatory bail this Court ordered to pay 15,000/- (which was agreed to pay by the petitioner) as monthly maintenance to his wife. Hence, he prays for modification.

3.The learned Government Advocate (Crl side) raised objection stating that there is family dispute between the petitioner and the defacto complainant and the defacto complainant is having two children living with her parents without any source of income. 4.Considering the above facts, this Court is inclined to modify the condition to the effect that the petitioner is directed to pay a sum of Rs.10,000/- (Rupees Ten Thousand Only) to the defacto complainant instead of 15,000/-.

4. Except the above modification, the other conditions imposed by the Court in Crl.OP.No.22398 of 2021 vide order dated 26.11.2021, shall remain unaltered.

-sd/- 12/04/2022 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 SESSIONS JUDGE, SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, CHENNAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, AWPS - AYANAVARAM, CHENNAI DISTRICT.

Copy To:

MRS.K.KALPANA/ THE DEFACTO COMPLAINANT, THE INSPECTOR OF POLICE, AWPS-AYANAVARAM, CHENNAI.

(THROUGH THE RESPONDENT POLICE WITH PROPER ACKNOWLEDGEMENT) C.C. to M/S.A.ARASU GANESAN Advocate on payment of necessary charges Order in CRL MP.3955/2022 in CRL OP.22398/2021 Date :12/04/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-21/04/2022