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Madras High CourtCRL OP/15458/2015modified

Sivaraj v. The Inspector Of Police

2015-06-24Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.06.2015

CORAM:

THE HON'BLE MR.JUSTICE R.SUBBIAH Crl.O.P. No.15458 of 2015 Sivaraj .. Petitioner Vs.

State by Inspector of Police, EOW-II, Coimbatore, (Crime No.27 of 2012) .. Respondent Criminal Original Petition filed under Section 439(1) (b) of Cr.P.C., to modify the condition that the petitioner depositing of Rs.1,00,000/- (Rupees One lakhs only) to the credit of this case (Crime No.27 of 2012 of CCB, CBE) to the satisfaction of the learned Judge, Special Court, TNPID Act Cases, Coimbatore in Crl.M.P.No.1576 of 2015 dated 09.06.2015 on the file of Principal District Sessions Judge, Coimbatore in Crime No.27 of 2012 on the file of respondent police. For Petitioner : Mr.K.Ayyadurai For Respondent: Mr.M.Mohamed Riyaz Govt. Advocate (crl.side)

O R D E R

While granting anticipatory bail to the petitioner, the Principal District Sessions Judge, Coimbatore, in the order passed in Crl.M.P.No.1576 of 2015 dated 09.06.2015, has imposed a condition that the petitioner should deposit of Rs.1,00,000/- (Rupees One lakhs only) to the credit of this case (Crime No.27 of 2012 of CCB, CBE) to the satisfaction of the learned Judge, Special Court, TNPID Act Cases, Coimbatore. Hence, this petition to modify the said condition.

2. Learned counsel for the petitioner submitted that the petitioner is a local reporter of a daily newspaper and he was not in a position to mobilise Rs.1 lakh and thus, he could not comply with the said condition. Therefore, he prays

that the condition imposed by the learned Principal District & Sessions Judge, Coimbatore, by order dated 09.06.2015 that the petitioner should deposit Rs.1 lakh, has to be totally deleted.

3. Considering the nature of offence, I am not inclined to delete the said condition in its entirety. On the other hand, I am of the opinion that the said condition can be modified to the effect that the petitioner shall deposit a sum of Rs.30,000/- instead of Rs.1 lakh. Accordingly, the condition imposed on the petitioner by the learned Principal District Sessions Judge, Coimbatore, by order made in Crl.M.P.No.1576 of 2015 dated 09.06.2015, that the petitioner should deposit of Rs.1,00,000/- (Rupees One lakhs only) to the credit of Crime No.27 of 2012 of CCB, CBE, to the satisfaction of the learned Judge, Special Court, TNPID Act Cases, Coimbatore, is modified to the effect that the petitioner shall deposit a sum of Rs.30,000/- (Rupees thirty thousand only) to the credit of Crime No.27 of 2012 of CCB, CBE, to the satisfaction of the learned Judge, Special Court, TNPID Act Cases, Coimbatore.

4. All the other conditions imposed on the petitioner in the order made in Crl.M.P.No.1576 of 2015 dated 09.06.2015, remain unaltered. The petitioner is granted two weeks time from today to comply with the other conditions imposed by the learned Principal District and Sessions Judge, Coimbatore, in the order dated 09.06.2015.

5. With the above modification, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vsi

To

1. The Principal District and Sessions Judge, Coimbatore.

2. The Judge Special Court for TNPID Act Cases, Coimbatore.

3. The Public Prosecutor, High Court, Chennai.

4. The Inspector of Police, EOW-II, Coimbatore. + 1 cc to Mr.K. Ayyadurai, Advocatge SR.11666 CNR(CO) EU(02/07/2015) CRL. O.P. No.15458 of 2015