Madras High CourtCRL MP/6414/2021dismissed

Kanagalingam v. State Rep.By

2021-06-22Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Second day of June Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL MISCELLANEOUS PETITION No.6414 of 2021 IN CRL OP.8093/2021 KANAGALINGAM [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, PALLIKONDA POLICE STATION, VELLORE DISTRICT.

CRIME NO.1169 OF 2020.

Petition praying that in the circumstances stated therein the High Court will be pleased to modify the condition in para 5(c) that the petitioner is directed to deposit a sum of Rs.2,00,000/- Rupees Two Lakhs only) to the District Medical Officer, Government Hospital, Vellore in Crl.O.P.No.8093 of 2021 dated 29.04.2021 Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.S.SENGKODI, Advocate for the petitioner and of MR.C.E.PRATAP Govt. Advocate (Crl. Side) on behalf of the Respondent the court made the following order:- This petition is filed to modify the condition imposed on the petitioner by this Court in Crl.O.P.No.8093 of 2021, dated 29.04.2021.

2.This Court vide order dated 29.04.2021, granted anticipatory bail to the petitioner on the ground that the petitioner, on his own volition, was ready and willing to deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs only) through demand draft drawn in favour of the District Medical Officer, Government Hospital, Vellore for the treatment of the Covid-19 affected persons.

3. Today, when the matter is taken up for hearing, the learned counsel for the petitioner submitted that the petitioner is a daily wages worker and he is the only breadwinner of his family. Therefore he is unable to deposit the amount as imposed on the petitioner by this Court. Hence, the learned counsel prays to modify the condition.

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4.In view of the backdrop, the earlier condition imposed by this Court is on the basis of the petitioner's instructions. Now this modification petition has been filed on the different ground, which is not permissible. Hence, this petition for modification of the condition imposed by this Court dated 29.04.2021 in Crl.OP.No.8093 of 2021 does not acceptance and accordingly, this miscellaneous petition is dismissed.

-sd/- 22/06/2021 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.V, VELLORE.

2 THE CHIEF JUDICIAL MAGISTRATE VELLORE [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, PALLIKONDA POLICE STATION, VELLORE DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE OFFICER INCHARGE, DISTRICT MEDICAL OFFICER, GOVERNMENT HOSPITAL, VELLORE.

+1C.C. to M/S.S.SENGKODI Advocate on payment of necessary charges SR NO.6749 Order in CRL MP.6414/2021 in CRL OP.8093/2021 Date :22/06/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format https://hcservices.ecourts.gov.in/hcservices/ MK:14/07/2021