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Madras High CourtCRL MP/12821/2017modified

A. Vetrivel, 25 Yrs, v. Inspector Of Police,

2017-10-13Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Thirteenth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr Justice P. N. PRAKASH CRIMINAL MISCELLANEOUS PETITION No.12821 of 2017 IN CRL OP.17335/2017 A. VETRIVEL [ PETITIONER ] Vs THE STATE REP. BY INSPECTOR OF POLICE, [ RESPONDENT ] DISTRICT CRIME BRANCH, COIMBATORE, COIMBATORE DISTRICT.

CR.NO. 6 OF 2017.

Petition praying that in the circumstances stated therein the High Court will be pleased to modify the condition to deposit Rs.1 lakh imposed in Para No.5 (b) of the order dated 07.09.2017 made in Crl.O.P.No.17335 of 2017.

Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.N.MANOKARAN, Advocate for the petitioner and of MR. K.MATHAN, Govt. Advocate ( Crl. Side) on behalf of the Respondent the court made the following order:- This Court, in Crl. O.P. No.17335 of 2017 granted anticipatory bail to the petitioner on 7.9.17 imposing several conditions of which condition No.5 (b) is as under :- "(b) The petitioner shall deposit a sum of Rs.1,00,000/= to the credit of Cr. No.6 of 2017 before the Judicial Magistrate No.I, Pollachi, within a period of three weeks from the date of receipt of a copy of this order without prejudice to his case and only on such deposit, the Magistrate shall accept the sureties and on such deposit being made, the learned Magistrate shall disburse the said amount to the de facto complainant as ad-interim compensation."

2. This petition has been filed by the petitioner for modification of the above condition relating to deposit of Rs.1 Lakh on the ground that the petitioner is not able to mobilise the amount.

3. According to the prosecution, the petitioner had misappropriated a sum of Rs.8,71,332/= while he was working as collection agent for M/s.Muthoot Fincorp Company and, hence, FIR has been registered against him for an offence under Section 420 IPC. This Court had taken all the factors into consideration and had granted anticipatory bail on various conditions, one of which is quoted above.

4. Mr.N.Manokaran, learned counsel for the petitioner submitted that the petitioner has not been able to raise the sum of Rs.1 Lakh on account of his poor financial condition and, hence, prays for modification of the amount. Accepting the submission made by the learned counsel for the petitioner the sum of Rs.1 Lakh is reduced to Rs.75,000/= (Rupees Seventy Five Thousand only). Rest of the conditions imposed in the order dated 7.9.17 passed in Crl. O.P. No.17335 of 2017 shall remain the same. Time is extended by three weeks from the date of receipt of the amended copy of the order to comply with the order dated 7.9.17 passed in Crl. O.P. No. 17335 of 2017.

-sd/- 13/10/2017 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.I, POLLACHI.

2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, COIMBATORE, COIMBATORE DISTRICT.

+1C.C. to M/S.N.MANOKARAN Advocate on payment of necessary charges SR NO.19533 Order in CRL MP.12821/2017 in CRL OP.17335/2017 Date :13/10/2017 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MK:24/10/2017