Madras High CourtCRL OP/23063/2015disposed of

Nagaraj v. The State Rep. By

2015-09-11Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.09.2015

CORAM

THE HONOURABLE MR.JUSTICE B.RAJENDRAN Crl.OP No.23063 of 2015 Nagaraj .. Petitioner Vs The State represented by Inspector of Police Annupparpalayam Police Station Tirupur District .. Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to modify the condition of the Principal Session Judge, Tirupur, made in Crl.M.P.No.669 of 2015 dated 11.6.2015 "the petitioner shall deposit sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the Judicial Magistrate No.1, Tiruppur. For Petitioner :Mr.W.Camyles Gandhi For Respondent :Mr.C. Emalias, Additional Public Prosecutor

ORDER

The petitioner has come up with this petition seeking to modify the condition imposed by the learned Judicial Magistrate No.1, Tiruppur on 11.6.2015 in Crl.MP.No.669 of 2015.

2. Learned counsel for the petitioner submitted that even after the grant of bail, the petitioner is in jail for the past three months as he could not comply with the condition imposed by the Court below. Learned counsel for the petitioner further submitted that the petitioner is a poor person and that he could not able to mobilize the fund to comply with the conditions imposed by the Court below and hence, some leniency may be shown on him.

3. Learned Additional Public Prosecutor submitted that the petitioner has damaged the public property and hence, the Court below while granting bail, has rightly imposed a condition to deposit a sum of Rs.25,000/-.

4. Considering the facts and circumstances of the case and also considering the fact that the petitioner is in jail for more https://hcservices.ecourts.gov.in/hcservices/

than three months, I am inclined to modify the condition imposed by the Court below. Accordingly, the petitioner is directed to deposit a sum of Rs.7,000/- (Rupees Seven Thousand only) instead of Rs.25,000/- as imposed by the Court below. In all other respects, the lower court order is confirmed unaltered. With the above modification the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar ga To 1.The Judicial Magistrate NO.1, Tirupur.

2.The Principal Sessions Judge, Tirupur.

3.The Inspector of Police Annupparpalayam Police Station Tirupur District 4.The Public Prosecutor, High Court, Madras.

1 cc to Mr.W.Camyles Gandhi, Advocate Sr.No.49656 Crl.OP No.23063 of 2015 pa(co) pmk.11.9.2015 https://hcservices.ecourts.gov.in/hcservices/