M.Kaja Mohideen v. State Rep.By

Crl.MP.No.6261 of 2023 in Crl.OP.No.932 of 2023 T.V.THAMILSELVI,J.

The present petition has been filed to modify the condition imposed on the petitioner in Paragraph No.7 and 7 (a) of the order dated 23.01.2023 passed by this Court in Crl.O.P.No.932 of 2023 while granting anticipatory bail.

2. The learned counsel for the petitioners would submit that one of the conditions imposed on the petitioners is that " each of the petitioners shall deposit a sum of Rs.4,00,000/- (Rupees Four lakhs only) to the credit of Cr.No.5/AC/2022 before the learned Judicial Magistrate-I, Namakkal within a period of three months from the date of receipt of a copy of this Order". He would further submit that the matter was recalled and directed to be listed on 23.01.2003 under the caption " for clarification", thereby this Court has modified the conditions imposed on the petitioners, inter-alia directing the petitioners to deposit Rs.4,00,000/- each to the credit of Cr.No.5/AC/2022 without prejudice within a period of three months from the date of receipt of a copy of the order before the concerned Magistrate. The order copy received by the petitioners on 07.02.2023 and three months 1/3

time to deposit the said sum expires on 07.05.2023. He also submit that A9 and A11 are salaried persons and A10 is retired from service and they had availed various loans from banks. The petitioners do not have any other source of income except their monthly salary and due to financial crisis, the petitioners could not arrange the money to deposit the same. Hence, he would seek to modify the aforesaid condition.

3. Heard the learned Government Advocate (Crl. Side) appearing for the respondent police.

4. Taking into consideration, the facts and the submissions made by the learned counsel for the petitioners and the reasons assigned by the petitioners are justifiable, this petition is allowed by modifying the condition to the effect that " each of the petitioners shall deposit a sum of Rs.2,00,000/- (Rupees Two lakhs only) to the credit of Cr.No.5/AC/2022 before the learned Judicial Magistrate-I, Namakkal within a period of three months from the date of receipt of a copy of this Order ". All other conditions remain intact.

5. With the above modifications, this Criminal Miscellaneous Petition is allowed.

Vv 27.04.2023 2/3

T.V.THAMILSELVI,J.

Vv Crl.MP.No.6261 of 2023 in Crl.OP.No.932 of 2023 27.04.2023 3/3