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Madras High CourtCRL MP/4584/2022modified

Rajasekar v. State Rep By

2022-04-06Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Sixth day of April Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL MISCELLANEOUS PETITION No.4584 of 2022 IN CRL OP.15913 of 2021 1 RAJASEKAR [ PETITIONERS ] 2 JOTHILINGAM 3 RAMADOSS 4 THANGAM 5 ARUNKUMAR 6 AMSAYAL @ AMSAYA Vs STATE REP BY [ RESPONDENT / COMPLAINANT ] THE INSPECTOR OF POLICE KADAMPALIYUR POLICE STATION, CUDDALORE DISTRICT.

CRIME NO.521 OF 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 order in para 6 (b) the petitioner shall deposit a sum of Rs.2,00,000/- in the credit number Cr.No. 521 of 2021 on the file of the respondent without prejudice before the trial and on deposit on made in Crl.O.P.No.15913 of 2021 dated 14.09.2021. 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. P.MUTHAMIZHSELVAKUMAR, Advocate for the petitioner and of MR.S.UDAYA KUMAR, Govt. Advocate (Crl. Side) on behalf of the Respondent the court made the following order:- The petitioners have filed this petition seeking to modify the conditional amount imposed in the order dated 14.09.2021 made in Crl.O.P.No.15913 of 2021.

2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side).

3.The learned counsel appearing for the petitioners submitted that based on the allegation that the petitioners have cut down 20 Teak Trees, the case came to be registered and vide order dated 14.09.2021 made in Crl.O.P.No.15913 of 2021, they were granted anticipatory bail on condition that they shall make a deposit of Rs.2 Lakhs to the credit of crime number. The learned counsel further submitted that in Crl.O.P.No.16039 of 2021 filed by another accused in connection with the very same crime number, this Court vide order dated 14.09.2021 directed the petitioner therein to return the 20 Teak Trees to the defacto complainant and in compliance of the said order 20 Teak Trees were returned to the defacto complainant's father on 09.10.2021 and prayed to modify the condition. 4.This Court perused the copy of the receipt given by the defacto complainant's father which reveals that in compliance of the order dated 14.09.2021 made in Crl.O.P.No.16039 of 2021, 20 Teak Trees were returned to the defacto complainant's father on 09.10.2021.

5.In view of the above, this Court is inclined to delete the condition to deposit the conditional amount. Accordingly, clause (b) of paragraph no.6 of the order dated 14.09.2021 made in Crl.O.P.No.15913 of 2021 directing the petitioners to deposit the conditional amount is hereby deleted. The other conditions stand unaltered. 6.At this juncture, the learned counsel appearing for the petitioners seek to grant further time to execute sureties. 7.Considering the request made by the learned counsel appearing for the petitioners, time to execute sureties granted by this Court in the order dated 14.09.2021 made in Crl.O.P.No.15913 of 2021 is extended by a further period of two weeks from the date of receipt of a copy of this order.

-sd/- 06/04/2022 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 JUDICIAL MAGISTRATE, NO.II, PANRUTTI 2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE [FOR INFORMATION] 3 THE INSPECTOR OF POLICE KADAMPALIYUR POLICE STATION, CUDDALORE DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 C.C. to M/S. P.MUTHAMIZHSELVAKUMAR Advocate on payment of necessary charges SR.NO.5423 Order in CRL MP.4584/2022 in CRL OP.15913/2021 Date :06/04/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format JPA 11/04/2022