Madras High CourtCRL OP/5473/2021modified

C.Karthick v. The State Rep.By

2021-03-31Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.03.2021

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No.5473 of 2021 C.Karthick (M/26 years) S/o.Chennakrishna Door No.193, Salivaram, Denkanikottai, Krishnagiri District.

.. Petitioner/Accused 10 Vs.

The State Rep By its, The Inspector of Police, Sipcot Police Station, Krishnagiri District.

(Crime No.702 of 2020) .. Respondent/Respondent PRAYER: Criminal Original Petition has been filed under Section 439 (1) (b) of the Code of Criminal Procedure, to modify the condition imposed to the petitioner '' the petitioner is here by ordered to deposit a sum of Rs.1,00,000/- (One Lakh Rupees) before the Judicial Magistrate-II, Hosur'' ordered by Hon'ble Principal Sessions Judge, Krishnagiri in C.M.P.No.515 of 2021, dated 09.03.2021.

For Petitioner : Mr.G.Shanmugam For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor

O R D E R

(This case has been heard through video conference) This Criminal Original Petition has been filed seeking to modify the condition imposed by the learned Principal Sessions Judge, Krishnagiri District, in Crl.M.P.No.515 of 2021 dated 09.03.2021, the petitioner is directed to deposit a sum of Rs.1,00,000/- (One Lakh Rupees) before the Judicial MagistrateII, Hosur in Concerned crime number.

2. The learned counsel for the petitioner would submit that the petitioner was granted bail by the learned Principal Sessions Judge, Krishnagiri in Crl.M.P.No.515 of 2021 dated 09.03.2021 for the offences under Sections 364(A) of IPC, with a condition that the petitioner to deposit a sum of Rs.1,00,000/- (One Lakh Rupees) before the Judicial MagistrateII, Hosur in Concerned crime number. He would further submit that the several accused in this case and other accused had approached this Court for seeking bail and this Court had granted bail to the other accused persons without condition. He would further submit that the petitioner had approached the Court below and the Court below had imposed the above said conditions. He would further submit that the petitioner was unable to mobilized the funds. He would further submit that the other accused persons have taken a sum of Rs.4,00,000/- and the petitioner did not received any amount. Hence, the present application for modification has been filed before this Court.

3. Heard the learned Additional Public Prosecutor appearing for the respondent police.

4. Considering the facts and circumstances of the case, and that the co-accused had already been released on bail by this Court, without any condition, the condition imposed by the Court below in Crl.M.P.No.515 of 2021 dated 09.03.2021, directing the petitioner was directed to deposit a sum of Rs.1,00,000/- (One Lakh Rupees) before the Judicial MagistrateII, Hosur in Concerned crime number, is modified and the petitioner shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate-II, Hosur. The other conditions imposed by the Court below remains intact.

5. This Criminal Original Petition is disposed of with the above modification.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar msrm

To 1.The learned Principal Sessions Judge, Krishnagir

2. The learned Judicial Magistrate -II, Hosur. 3.The Inspector of Police, Sipcot Police Station, Krishnagiri District.

4.The Public Prosecutor, Madras High Court.

Crl.O.P.No.5473 of 2021 KKN(CO) GMY(07/07/2021)