Madras High CourtCRL OP/9140/2020modified

Arul v. State Rep By

2020-06-22Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.06.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.9140 of 2020 Arul, S/o.Kandhasamy, D.No.1/216-3, Anna Nagar, Manapalli, Mohanur Taluk, Namakkal District.

... Petitioner Vs The State represented by The Inspector of Police, Mohanur Police Station, Namakkal District.

(Crime No. 340 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.650 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.650 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 non-refundable 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 https://hcservices.ecourts.gov.in/hcservices/

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.650 of 2020 dated 15.06.2020.

3. The learned Additional Public Prosecutor (Crl.Side) appearing for the State submitted that the petitioner is complying with the conditions regularly imposed by the Court below.

4. Considering the facts and circumstances of the case, the condition (i) already imposed on the petitioner is modified as "the petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand Only) before the Jurisdictional Tahsildar as nonrefundable 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". The other conditions imposed by the Court below shall remain unaltered. This petition is ordered accordingly.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rst To 1.The Principal Sessions Judge, Namakkal.

2.The Tahsidar, Namakkal.

3.The Inspector of Police, Mohanur Police Station, Namakkal District.

4.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.9140 of 2020 SSI(CO) RMP(23/07/2020) https://hcservices.ecourts.gov.in/hcservices/