G.Kalyanasundaram v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of July Two Thousand Twenty One PRESENT The Hon`ble Ms Justice R.N. MANJULA CRIMINAL MISCELLANEOUS PETITION No.6839 of 2021 IN CRL OP.8422/2021 1 G.KALYANASUNDARAM [ PETITIONERS ] 2 K.RAJESHKANNAN 3 S.CHANDRASEKAR Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KODAVASAL POLICE STATION, THIRUVARUR DISTRICT (CR.NO.401/2021) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to modify the condition of deposit of Rs.20,000/- by order dated 06.05.2021 made in Crl.OP.No.8422 of 2021, to the file of Hon'ble Judicial Magistrate, Tiruvallur and to pass such other orders as may deem fit and proper in the circumstances of the case.
Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.D.PRABU, Advocate for the Petitioners and of MR.L.BASKARAN, Govt. Advocate ( Crl. Side) on behalf of the Respondent the court made the following order:- At the instance of the learned counsel for the petitioners, this case is again posted today, under the caption "for modification". 2.The learned counsel for the petitioner submitted that in the order dated 06.05.2021 passed in Crl.OP.No.8422 of 2021, the petitioners were granted anticipatory bail on condition to deposit a non-refundable deposit of Rs.20,000/-. Though the condition was originally imposed that said non refundable deposit of Rs.
20,000/- should be made towards the Hon'ble Chief Justice Relief Fund, while transferring the order, there seems to have occurred some clerical errors and in the order transmitted to the website it is seen that instead of typing towards "the Hon'ble Chief Justice Relief Fund", it has been typed "to the credit of Crime No.401 of 2021 on the file of the Judicial Magistrate, Thiruvarur." On seeing the order copy from the Court website, the learned counsel for the petitioners has deposited a sum of Rs.
the Hon'ble Chief Justice Relief Fund on 11.05.2021 itself. Hence it is prayed to modify the condition and also to consider that the condition complied.
3.
The learned Additional Public Prosecutor for the respondent has no objection to modify the earlier order. 4.
In view of the same, it is now necessitated to modify the condition in order to give credit to the compliance that has been already made by the petitioners. And a period of 15 days time is granted to the petitioners to execute the bonds from the date of receipt of copy of this order.
5.
Hence the Registry is directed to incorporate the following correction in paragraph No.5 at 6th line, that instead of "to the credit of Crime No. 401 of 2021 on the file of the Judicial Magistrate, Thiruvarur" it should be as "to the credit of Hon'ble Chief Justice Relief Fund", And reverse "The said amount may be ordered to be disbursed to the defacto complainant after the investigation is completed and the final report is filed. This liberty given to the defacto complainant to get the said amount irrespective of the result of the case, after conclusion of the trial" and substitute the following:- "The Hon'ble Chief Justice Relief Fund, High Court of Madras, Chennai, within a period of two weeks. The receipt of such payment shall be produced at the time of executing the bond."
And re-issue fresh order copy to the respective learned counsels appearing for the parties, subject to payment of necessary charges. -sd/- 28/07/2021 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, THIRUVARUR 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR [FOR INFORMATION]
3 THE INSPECTOR OF POLICE, KODAVASAL POLICE STATION, THIRUVARUR DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE SECTION OFFICER, ACCOUNTS SECTION, HIGH COURT, MADRAS.
+2 C.C. to M/S.D.PRABU Advocate on payment of necessary charges SR.NO. 7891 & 7948 Order in CRL MP.6839/2021 in CRL OP.8422/2021 Date :28/07/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RW 04/08/2021