Abjil Shek v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-03-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL MP No. 4261 of 2025 in CRL OP NO. 25624 OF 2024
1. Abjil Shek S/o.Borak Ali, Namupara, Pakur, Jharkhand - 816 107.
Petitioner(s) Vs
1. The State Rep By its, The Inspector of Police, Thiruppapuliyur Police Station Cuddalore District Cr.No.428 Of 2023.
Respondent(s) For Petitioner(s):
M/s.R.Thamarai Selvan S.Venkatasan M.Divyalakshmi T.Maha Vishnu S.Venmugil S.Ramesh N.Gayathri P.Krishna Kumar For Respondent(s):
Mr.S.Santhosh Government Advocate (Crl. Side)
ORDER
This petition has been filed to modify the condition imposed in para 6 on the Petitioner while granting bail in Crl.O.P.No.25624 of 2024 dated 07.11.2024 pending before this Court.
2.Learned counsel for the petitioner submitted that the petitioner is in custody from 06.11.2023, that he has been released on bail on condition to deposit a sum of Rs.50,000/- to the credit of Crime No.428 of 023 before the concerned Magistrate within a period of two weeks from the date of receipt of a copy of that order, that inspite of direction by this Court, the petitioner was unable to deposit the said amount and still languishing in jail. 3.Learned Government Advocate (Crl. Side) submitted that the coaccused has been released on bail and final report has been filed before the Court concerned.
3.Considering the submissions of both sides and the nature of offence, the period of incarceration, the fact that the co-accused has been released on bail, inspite of bail granted by this Court on 07.11.2024, the petitioner was unable to comply with the condition imposed on the petitioner and languishing in jail and final report has been filed, this Court is inclined to setaside the following condition imposed on the petitioner in para 6 vide order in Crl.O.P.No.25624 of 2024 dated 07.11.2024:
"the petitioner is directed to deposit a sum of Rs.50,000/- to the credit of Crime No.428 of 2023 before the concerned Magistrate within a period of two weeks from the date of receipt of copy of that order and on such deposit, the de facto complainant is permitted to withdraw the amount on filing undertaking affidavit and on production of proper identification and acknowledgement."
The other conditions imposed on the petitioner in para 6 vide order in Crl.O.P.No.25624 of 2024 dated 07.11.2024 are unaltered. 4.Accordingly, the Criminal Miscellaneous Petition is ordered. 10-03-2025 sai
SUNDER MOHAN J.
sai To The Inspector Of Police, Thiruppapuliyur Police Station Cuddalore District Cr.No.428 Of 2023.
CRL MP No. 4261 of 2025 in CRL OP NO. 25624 OF 2024 10.03.2025