Madras High CourtCRL OP/6950/2021allowed

M.Prabhakaran v. State Rep By

2021-04-15Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI M.Prabhakaran ... Petitioner Vs.

The State Rep., by Station House Officer, CCIW, Cuddalore Police Station, Cuddalore.

(Crime No.5 of 2020) ... Respondent Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to set aside the order dated 06.03.2021 made in Crl.M.P.No.1592 of 2021, on the file of Principal Sessions Judge, Cuddalore.

For Petitioner : Mr.D.Baskar For Respondent : Ms.Kritika Kamal Government Advocate

O R D E R

This petition has been filed seeking to seeking to set aside the order dated 06.03.2021 made in Crl.M.P.No.1592 of 2021, on the file of the learned Principal Sessions Judge, Cuddalore. 1/4

2.The learned counsel appearing for the petitioner submitted that the petitioner filed Crl.M.P.No.1592 of 2021 before the learned Principal Sessions Judge, Cuddalore seeking to relax the condition passed on 19.01.2021 in Crl.M.P.No.279 of 2021. On 06.03.2021, the learned counsel who appeared for the petitioner before the lower Court prayed that to modify the condition; to deposit cash for a sum of Rs.1,50,000/- before the lower Court in the crime number; to that of; to deposit the cash amount of Rs.1,50,000/- in the account of II-632, Ambiga Sugars Employees Co-operative Thrift and Credit Society, Pennadam and the petitioner also undertook to produce the original deposit voucher before the lower Court. However, the learned Principal Sessions Judge, Cuddalore, was not inclined to modify the said condition.

Hence, the petitioner has filed this petition. 3.The learned counsel appearing for the petitioner further submitted that the allegation against the petitioner is that the petitioner has cheated the Ambiga Sugars Employees Co-operative Thrift and Credit Society, Pennadam, to the tune of Rs.1,50,000/-. Hence, this Court may direct that the said amount be deposited in the society instead of crime number before the lower Court.

4.Considering the submissions made by the learned counsel appearing for the petitioner, this Court permits the petitioner to deposit the cash amount of Rs.1,50,000/- in the account of II-632, Ambiga Sugars Employees Co-operative Thrift and Credit Society, Pennadam instead of depositing before the lower Court. Time for deposit is extended by a further period of two weeks from the date of receipt of a copy of this order.

5.This criminal original petition is accordingly allowed. 15.04.2021 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.The Station House Officer, CCIW, Cuddalore Police Station, Cuddalore.

(Crime No.5 of 2020) 2.The Public Prosecutor, High Court of Madras, Chennai 600 104.

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M.DHANDAPANI,J.

pri 15.04.2021 4/4