Ashok Ramasamy v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the First day of April Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL MISCELLANEOUS PETITION No.4204 of 2022 IN CRL OP.5132/2021 ASHOK RAMASAMY [ PETITIONER ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, NAMAKKAL POLICE STATION, NAMAKKAL DISTRICT.
CR.NO.429/2021.
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 Para 6(b) of the order dated 27.04.2021 passed in Crl.O.P.No.5132/2021 as "the Petitioner shall deposit a sum of Rs.5,00,000/- to the credit of Crime No.429/2021 before the learned Judicial Magistrate-I,Namakkal and on such deposit being made defacto complainant can get such amount after filing necessary undertaking affidavit from the Learned Magistrate instead of the petitioner is directed to deposit a sum of Rs,5,00,000/- in favour of the defacto complaint either through RTGS/NEFT/cash, without prejudice to his defence before the trail court and the learned Judicial Magistrate,after perusing the challan/receipt received from the defacto complainant, shall accept the sureties furnished by the Petitioner".
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.S.SENTHIL, Advocate for the petitioner, and of MR.S.UDHAYAKUMAR, Govt. Advocate ( Crl. Side), on behalf of the Respondent, the court made the following order:-
The present petition has been filed seeking modification in respect of the condition imposed by this Court in clause 6(b) of the order dated 27.04.2021.
On the earlier occasion, the petitioner agreed to pay a sum of Rs.5,00,000/-( Rupees Five Lakh Only) in favour of the De-facto Complainant.
However, it is submitted that without any acknowledgement, the petitioner directly paying the said amount to the De-facto Complainant would adversely affect the interest of the petitioner.
In the light of the above stand, this Court permits the petitioner to deposit a sum of Rs.5,00,000/- to the credit of the Crime No.429 of 2021 on the file of the Judicial Magistrate-I, Namakkal. The De-facto Complainant is directed to withdraw the amount, after filing necessary undertaking averring that affidavit in the event of the petitioner succeeding the case, the amount will be returned back to the petitioner.
Time is extended by a period of four weeks from the date of receipt of a copy of this order to deposit the aforesaid amount. -sd/- 01/04/2022 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.I, NAMAKKAL.
2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, NAMAKKAL POLICE STATION, NAMAKKAL DISTRICT.
+1 C.C. to M/S.S.SENTHIL Advocate on payment of necessary charges SR.NO.5169 Order in CRL MP.4204/2022 in CRL OP.5132/2021 Date :01/04/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-20/04/2022