T.Murugan v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Seventeenth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL MISCELLANEOUS PETITION No.7908 of 2021 IN CRL OP.3167 of 2021 T.MURUGAN [ PETITIONER / ACCUSED] Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, MADHURAVOIL POLICE STATION, CHENNAI DISTRICT.

CRIME NO.46 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 conditions imposed in Crl.O.P.no.3167 of 2021 to deposite Rs.2,00,000/- to the Judicial Magistrate No.II, Poonamallee Court in Condition with Crime No. 46 of 2021 to secure end of justice. 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.M.SENTHAMIZH SELVAN, Advocate for the petitioner, and of MR.C.E.PRATAP, Govt. Advocate (Crl. Side) on behalf of the Respondent the court made the following order:- This petition is filed to modify the condition imposed on the petitioner by this Court in Crl.O.P.No.3167 of 2021, dated 24.02.2021.

2.This Court vide order dated 24.02.2021, granted anticipatory bail to the petitioner on condition that the petitioner shall deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs only) as nonrefundable deposit to the credit of crime No.46 of 2021 on the file of the respondent police before the learned Judicial Magistrate-II, Poonamallee.

3. Today, when the matter is taken up for hearing, the learned counsel for the petitioner submitted that the petitioner is a daily wages worker and he is the only breadwinner of his family. Therefore he is unable to deposit the amount as imposed on the petitioner by this Court. Hence, the learned counsel prays to modify the condition. 4.In view of the backdrop, the earlier condition imposed by this Court is on the basis of the petitioner's instructions. Now, this modification petition has filed on the different ground, which is not permissible. Hence, this petition for modification of the condition imposed by this Court dated 24.02.2021 in Crl.OP.No.3167 of 2021 does not acceptance and accordingly, this miscellaneous petition is dismissed.

-sd/- 17/08/2021 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, POONAMALLEE.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION].

3 THE INSPECTOR OF POLICE, MADHARAVOIL POLICE STATION, CHENNAI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

C.C. to M/S.M.SENTHAMIZH SELVAN Advocate on payment of necessary charges Order in CRL MP.7908/2021 in CRL OP.3167/2021 Date :17/08/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format JPA 17/09/2021