Madras High CourtCRL OP/10738/2021modified

Ameer John v. State Rep. By

2021-06-23Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.10738 of 2021 Ameer John ... Petitioner

Versus

State rep. by, The Inspector of Police, F-3, Nungambakkam Police Station, Chennai District.

(Crime No.220 of 2021).

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to modify the condition imposed upon the petitioner in Crl.M.P.No.10640 of 2021 dated 07.06.2021 in Crime No.220 of 2021 viz., 'the petitioner shall deposit a sum of Rs.5,00,000/- by the Principal District and Sessions Judge, Chennai'.

For Petitioner :

Mr.A.K.M.Samsu Nihar For Respondent :

Mr.A.Damodaran, Government Advocate (Crl. Side) *****

ORDER

This Criminal Original Petition has been filed to modify the condition imposed on the petitioner in Crl.M.P.No.10640 of 2021, dated 07.06.2021 in Crime No.220 of 2021 that the petitioner shall deposit a sum of Rs.5,00,000/- by the learned Principal Sessions Judge, Chennai.

2.The learned counsel for the petitioner submitted that the petitioner, who is A1 in Crime No.220 of 2021, has filed Anticipatory Bail before the learned Principal Sessions Judge, Chennai in Crl.M.P.No.10641 of 2021 in Crime No.220 of 2021. The learned Principal Sessions Judge, Chennai, by order, dated 07.06.2021, granted anticipatory bail to the petitioner with one of the condition that the petitioner to deposit a sum of Rs.5,00,000/- to the credit of the Crime No.220 of 2021. The learned counsel further submitted that the petitioner hails from poor family and he is unable to pay such huge amount of Rs.5,00,000/- during the COVID-19 pandemic situation. Hence, he prayed to modify the said condition.

3.The learned Government Advocate (Crl. Side) appearing for the respondent Police submitted that during the occurrence, the defacto complainant's care was damaged and the damage is assessed more than Rs.5,00,000/-. Hence, he opposed the above petition for modification.

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4.Considering the facts and circumstances of the case and also the present COVID-19 pandemic situation, this Court modifies the condition to the effect that the petitioner shall deposit a sum of Rs.3,00,000/- to the credit of Crime No.220 of 2021.

5.With the above modification, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vv2 To 1.The Principal Sessions Court, Chennai.

2.The Inspector of Police, F-3, Nungambakkam Police Station, Chennai District.

3.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.10738 of 2021 PCH(CO) B.VC(15.07.2021) https://hcservices.ecourts.gov.in/hcservices/