R.Baskar v. State Rep By

Crl.MP.No.6262 of 2023 in Crl.OP.No.1046 of 2023 T.V.THAMILSELVI,J.

The present petition has been filed to modify the condition imposed on the petitioner in Paragraph No.6 (d) of the order dated 19.01.2023 passed by this Court in Crl.O.P.No.1046 of 2023 while granting anticipatory bail.

2. The learned counsel for the petitioners would submit that one of the conditions imposed on the petitioners is that " each of the petitioners shall deposit a sum of Rs.4,00,000/- (Rupees Four lakhs only) to the credit of Cr.No.5/AC/2022 without prejudice within a period of three weeks from the date of receipt of a copy of this Order before the concerned Magistrate". He would further submit that the order copy was received on 09.02.2023 and three weeks time to deposit the said sum expires on 02.03.2023. He also submit that the petitioners are salaried persons and they had availed various loans from banks. After deducting EMI for loans, Provident Fund and other dues, the remaining amount is only feasible for running their family and day to day expenses. The petitioners do not have any other source of income except their monthly salary and due to financial 1/3

crisis, the petitioners could not arrange the money to deposit the same. Hence, he would seek to modify the aforesaid condition.

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

4. Taking into consideration, the facts and the submissions made by the learned counsel for the petitioners and the reasons assigned by the petitioners are justifiable, this petition is allowed by modifying the condition to the effect that " each of the petitioners shall deposit a sum of Rs.2,00,000/- (Rupees Two lakhs only) to the credit of Cr.No.5/AC/2022 before the learned Judicial Magistrate-I, Namakkal within a period of three months from the date of receipt of a copy of this Order ". All other conditions remain intact.

5. With the above modifications, this Criminal Miscellaneous Petition is allowed.

Vv 27.04.2023 2/3

T.V.THAMILSELVI,J.

Vv Crl.MP.No.6262 of 2023 in Crl.OP.No.1046 of 2023 27.04.2023 3/3