Madras High CourtCRL OP/23599/2017modified

Mathi, Mathiazhagan (M/37 Yrs) v. State Represented By

2017-11-06Honourable Mr Justice N. Authinathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.11.2017

CORAM

THE HONOURABLE MR. JUSTICE N.AUTHINATHAN Crl.O.P. No.23599 of 2017 Mathi @ Mathiazhagan ..Petitioner versus State represented by, Station House Officer, Lawspet Police Station, Puducherry.

Respondent PRAYER : Criminal Original Petition filed under Section 439(1) (b) r/w 482 of the Code of Criminal Procedure, to modify the conditions imposed by the learned Principal Sessions Judge at Puducherry by his order dated 18.08.2017 to deposit a sum of Rs.2,00,000/- [Rupees Two Lakhs Only] towards the Crime Number. For Petitioner :

Mr.S.Suresh For Respondent :

Mr.A.Tamilvanan Government Advocate (Puducherry)

O R D E R

The petitioner was granted bail by the Trial Court for the offences punishable under Sections 468, 471, 420 r/w 34 of IPC. One of the conditions imposed by the Trial Court is that the petitioner should deposit a sum of Rs.2,00,000/- [Rupees Two Lakhs only] to the credit of Crime No.100 of 2016. Aggrieved by the order of the said condition, the present petition has been filed to modify the same.

2. The learned counsel appearing for the petitioner would submit that the petitioner has been in custody since 20.07.2017, nobody is there to help him and he is not in a position to raise funds to deposit the amount of Rs.2,00,000/- and that, the learned counsel pleaded for deletion of the said condition.

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3. Heard the learned Government Advocate [Puducherry] appearing for the respondent.

4. Having regard to the fact that the petitioner has been in custody since 20.07.2017 and taking note of the fact that the Trial Court has imposed other conditions to ensure the petitioner's presence at the trial, I am inclined to delete the condition. Accordingly, the condition imposed by the Trial Court in Crl.M.P.No.1674 of 2017 dated 18.08.2017 that the petitioner should deposit a sum of Rs.2,00,000/- [Rupees Two Lakhs only] to the credit of Crime No.100 of 2016 is deleted. The other conditions shall remain unaltered.

5. With this direction, this Criminal Original Petition is disposed of.

-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar sri To 1.The Principal Sessions Judge, Puducherry.

2.The Station House Officer, Lawspet Police Station.

Puducherry.

3.The Public Prosecutor,(Pondicherry) High Court of Madras, Chennai - 600 104.

+1 Cc to Mr.S. Suresh, Advocate sr 79732.

+1 CC to Govt. Pleader sr 78838.

Crl.O.P. No.23599 of 2017 SP(13/11/2017) https://hcservices.ecourts.gov.in/hcservices/