Silambarasan v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Seventh day of April Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL MISCELLANEOUS PETITION No.4306 of 2022 IN CRL OP.2845 of 2022 SILAMBARASAN [ PETITIONER / SOLE ACCUSED ] Vs THE STATE REP BY ITS [ RESPONDENT / COMPLAINANT ] THE INSPECTOR OF POLICE, THIRUNAVALUR POLICE STATION, KALLAKURICHI DISTRICT.

IN CRIME NO.46 OF 2022.

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 in Para 7(b) i.e.as undertaken by the Petitioner on his own volition, the Petitioner shall make a nonrefundable deposit of Rs.10,000 through demand draft in favour of The Director, Cancer Institute (WIA) Adayar for treating Cancer Patients under necessary acknowledgement. The above contribution is made without prejudice to their defence before trial court and the Petitioner shall submit proof of payment of the said amount before the aforesaid Learned Judicial Magistrate, who after perusing the receipt/acknowledgment shall accept the sureties furnished by the Petitioner passed in Crl.O.P.No.2845 of 2022 dated 15.02.

2022 before this Hon`ble Court and pass such further or 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.R.RAJI, Advocate for the petitioner and of MR.LEONARD ARUL JOSEPH SELVAM, Govt. Advocate (Crl. Side) on behalf of the Respondent the court made the following order:- Heard the learned counsel for the petitioner.

2.

The petitioner, is the petitioner in Crl.O.P.No.2845 of 2022, which was filed for granting anticipatory bail. In fact, the petitioner is an accused in Crime No.46 of 2022 on the file of the Inspector of Police, Thirunavalur Police Station, Kallakurichi District. Moreover, the said case has been registered for the theft of river sand.

3.

Previously, by order dated 15.02.2022, this Court allowed the petition filed by the petitioner and granted anticipatory bail. Further, the petitioner was directed to execute the bail bond within a period of 15 days from the date of receipt of the order. But instead of complying with the said direction, the petitioner herein has preferred this petition wherein he prayed to modify the condition, particularly the condition that he has to deposit Rs.10,000/- through Demand Draft in favour of "The Director, Cancer Institute(WIA), Adayar".

4.

In this occasion, it would necessary to see the order dated 15.02.2022, it seems that only on his own volition of the petitioner, the said condition has been imposed and therefore, the petition now filed by the petitioner, is not having any merits. Accordingly, this Criminal Miscellaneous Petition is dismissed. -sd/- 07/04/2022 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, ULUNDURPET TALUK, VILLUPURAM 2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, THIRUNAVALUR POLICE STATION, KALLAKURICHI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE DIRECTOR CANCER INSTITUTE (WIA) ADYAR, CHENNAI-600 020 C.C. to M/S.S.SARAVANAKUMAR Advocate on payment of necessary charges Order in CRL MP.4306/2022 in CRL OP.2845/2022 Date :07/04/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format JPA 21/04/2022