Sekar v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.06.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 9135 of 2020 Sekar ... Petitioner Vs The State represented by The Inspector of Police, Velur Police Station, (Crime No. 405 of 2020) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to modify the condition imposed by the learned Principal Sessions Judge, Namakkal, order dated 15.06.2020 made in C.M.P.No.649 of 2020 "(i) the petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One Lakh Only) before the Jurisdictional Tahsildar as non-refundable deposit. After receipt of the above said amount, the same will have to be deposited by the Tahsildar, to the credit of the District Mines and Minerals Foundation trust as non-refundable deposit". For Petitioner : Mr.W.Camyles Gandhi For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

The petitioner filed this petition to modify the condition imposed by the learned Principal Sessions Judge in Crl.M.P.No.649 of 2020 on 15.06.2020 that the deposit a sum of Rs.1,00,000/- (Rupees One Lakh Only) before the Jurisdictional Tahsildar as non-refundable deposit. After receipt of the above said amount, the same will have to be deposited by the Tahsildar, to the credit of the District Mines and Minerals Foundation trust as nonrefundable deposit.

2. The learned counsel appearing for the petitioner submitted that the petitioner's vehicle is small one and

its capacity is only 1⁄2 unit. It is very difficult to deposit the huge amount of Rs.1,00,000/- to release the vehicle. The said vehicle is the prime source cater the livelihood of his family and due to the present situation of lockdown imposed for Curb COVID-19, the Petitioner is also not financially sound and even he is obtaining hand loan for leading his day to day life. Hence, prayed to modify the condition imposed in C.M.P.No.649 of 2020 dated 15.06.2020.

3. Heard Mr.W.Camyles Gandhi, learned counsel appearing for the petitioner and Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor (Crl.Side) appearing for the State.

4. Considering the facts and circumstances of the case, the condition (i) imposed on the petitioner by the learned Principal Sessions Judge in Crl.M.P.No.649 of 2020 dated 15.06.2020 is modified to the effect that the petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand Only) before the Jurisdictional Tahsildar as non-refundable deposit. After receipt of the above said amount, the same will have to be deposited by the Tahsildar, to the credit of the District Mines and Minerals Foundation trust as non-refundable deposit. Other conditions shall remain unaltered. This petition is ordered accordingly.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To

1. The Principal Sessions Judge, Namakkal.

2. The Inspector of Police, Velur Police Station,

3. The Public Prosecutor, High Court, Madras.

4.The Tahsildar, CRL.O.P.No.9135 of 2020 ev[co] srg 02/07/2020