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Madras High CourtCRL MP/7360/2022allowed

N.Sekar v. The State,

2022-06-15Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Fifteenth day of June Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL MISCELLANEOUS PETITION No.7360 of 2022 IN CRL OP.5015 of 2022 1 N.SEKAR [ PETITIONERS ] 2 R.DINESH 3 P.V.SELVAM 4 S.AAISHABI 5 S.SABU 6 R.BARATHI 7 N.KISHTAIYA 8 N.SAMPOORNAMMA 9 RENUGA 10 VIRARAGAVAN 11 P.NAGABUSHANAM Vs THE STATE, [ RESPONDENT ] THE INSPECTOR OF POLICE, ARAMBAKKAM POLICE STATION, GUMMIDIPOONDI TALUK, TIRUVALLUR DISTRICT - 601 201.

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 No.5(a) by this Hon`ble court vide order dated 07.03.2022, passed in Crl.OP.No.5015 of 2022 and pass such further or other orders as this Hon`ble court may deem fit and proper and thus render 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.R.MUNUSWAMY, Advocate for the petitioner and of MR.S.UDAYA KUMAR, Govt. Advocate (Crl. Side) on behalf of the Respondents the court made the following order:-

The petitioners herein, who apprehended arrest for the offences under Section 147, 148, 427, 447, 506(i), 109 of IPC read with Section 3(1) of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992 in Crime No.24 of 2021, were granted anticipatory bail by this Court on condition to deposit Rs.10,000/- each in the Crime account, since the allegation against them was that they destroyed public property worth Rs.1,70,000/-.

2. Now, this petition is filed to modify the condition imposed in Crl.O.P.No.5015 of 2022 by order dated 07.03.2022 on the ground that the petitioners are economically poor, daily wagers and not in a position to deposit Rs.10,000/- each.

3. This Court, on considering their request, is unable to accept their plea, since they have damaged the public property worth about Rs.1,70,000/-. The petitioners cannot afford to say that they are economically poor and unable to deposit the money. They should realise that the public property is not meant for destruction whenever they vent out their grievance. However, taking note of the submission, the condition imposed in Crl.O.P.No.5015 of 2022 dated 07.03.2022 is modified to the effect that the petitioners shall deposit Rs.7,500/- (Rupees Seven Thousand Five Hundred only) each instead of Rs.10,000/- each. The said deposit shall be made by the petitioners within a period of 15 days from today. With the above modification, this petition is ordered accordingly.

-sd/- 15/06/2022 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, GUMMIDIPOONDI 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION]

3 THE INSPECTOR OF POLICE, ARAMBAKKAM POLICE STATION, GUMMIDIPOONDI TALUK, TIRUVALLUR DISTRICT - 601 201.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 C.C. to M/S.R.MUNUSWAMY Advocate on payment of necessary charges SR.NO.9158 Order in CRL MP.7360/2022 in CRL OP.5015/2022 Date :15/06/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format JPA 17/06/2022