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Madras High CourtCRL OP/6453/2024disposed of

Abinath v. The Sub Inspector Of Police

2024-03-18Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2024

CORAM

THE HONOURABLE MR JUSTICE N.ANAND VENKATESH Crl.O.P.No.6453 of 2024 Abinath ... Petitioner Vs.

The Sub Inspector of Police, K2, Aynavaram Police Station, Chennai District.

(Crime No.378 of 2023) ... Respondent PRAYER : The Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records and set aside the condition in Para No.4(1) The petitioner/de-facto complainant shall execute a bond sum of Rs.1,00,000/- with the satisfaction of the court imposed in Crl.MP.No.59767 of 2023 dated 05.01.2024 passed by the by the learned Court V Metropolitan Magistrate, Egmore, Chennai - 08. For Petitioner : Mr.P.Muthamizhselvakumar For Respondent : Mr.A.Damodaran Additional Public Prosecutor

ORDER

This criminal original petition has been filed seeking modification of the condition imposed by the court below while allowing the application in Crl.MP.No.59767 of 2023, filed by the petitioner for interim custody of the case property. The Court below while allowing the application under Section 451 Cr.P.C., seeking for interim custody of the case property, by order dated 05.01.2024, had imposed certain conditions and one such condition was that the petitioner shall execute a bond for a sum of Rs.1,00,000/- with the satisfaction of the Court. 2.The learned counsel for the petitioner submitted that the petitioner was not able to mobilize funds and hence, seeks for modification of the condition.

3.Taking into consideration the facts and circumstances of the case, the condition No.(1) in Para 4, shall stand modified as follows: "The petitioner/defacto complainant is directed to

execute a bond for a sum of Rs.10,000/- to the satisfaction of the Court".

4.The other conditions as imposed by the Court below while passing orders in Crl.MP.No.59767 of 2023, shall stand as it is. 5.Accordingly, this Criminal Original Petition is disposed of. Index : Yes/No 18.03.2024 Internet : Yes/No ssr To 1.The V Metropolitan Magistrate, Egmore, Chennai - 08. 2.The Sub Inspector of Police, K2, Aynavaram Police Station, Chennai District.

3.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH, J.

ssr Crl.O.P.No.6453 of 2024 18.03.2024