Prabin Christal Raj v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.06.2024
CORAM
THE HON'BLE MR. JUSTICE T.V.THAMILSELVI Prabin Christal raj ...Petitioner Vs.
1.State by:
The Inspector of Police, K-9, Thiru.Vi.Ka.Nagar Police Station, Chennai-600 011.
...Respondent
2.Ms.G.Krithika, D/o.K.Gajababu, 5A, F2 Flat, Sai Tharun Flats,Anbazhagan Nagar, 1st Street, Sembiam, Chennai- 600 011.
(Defacto Complainant Suo Motu Impleaded as per order dt. 23.05.2024 in Crl.O.P.No.10925 of 2024) ...Defacto Complainant PRAYER: Criminal Original Petition filed under Section 439(1)(b) of Cr.P.C., pleased to modify the conditions imposed in Crl.M.P.No.17575 of 2024 in Crime No.110 of 2024, to deposit a sum of Rs.1,00,000 lakh in Crime No.110 of 2024 on the file of the V Metropolitan Magistrate at Egmore, Chennai.
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For Petitioner : Mr.P.Jesus Moris Ravi For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)
O R D E R
This Criminal Original Petition has been filed to to modify the conditions imposed in Crl.M.P.No.17575 of 2024 in Crime No.110 of 2024, to deposit a sum of Rs.1,00,000/- in Crime No.110 of 2024 on the file of the V Metropolitan Magistrate at Egmore, Chennai.
2. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case, but, however he is not able to pay the amount. The learned counsel further submits that the petitioner is inside the jail even after completion of mandatory bail and prays for modification of the conditions imposed.
3. Intervenor raised objection stating that petitioner has borrowed Rs.90,000/- from the de facto complainant and also abused her infront of public in a filthy language. The learned counsel further submits that the petitioner also threatened the de facto complainant that he will publish her 2/5
photos in social media.
4. The learned Government Advocate (Crl.Side) submits that petitioner received Rs.90,000/- from the de facto complainant and when it was questioned by the de facto complainant about the repayment of the amount, petitioner refused to pay the same and abused her in a filthy language.
5. Heard the learned counsels and perused the materials placed on record.
6. Considering the facts and circumstances of the case the petitioner shall deposit Rs.75,000/- (Rupees Seventy Five Thousand only) in Crime No.110 of 2024 within a period of two (2) weeks from the date of receipt of a copy of this order, on such deposit being made, de facto complainant is permitted to withdraw the same. The petitioner is also directed to file affidavit before the Court below that he shall not publish any of the photos, videos or any other related to de facto complainant in any of the social media under the guise of press report. 3/5
7. With the above modification, this Criminal Miscellaneous Petition is ordered.
03.06.2024 dsn To 1.The V Metropolitan Magistrate, Egmore, Chennai.
2. The Inspector of Police, K-9, Thiru.Vi.Ka.Nagar Police Station, Chennai-600 011.
3. The Government Advocate (Crl. Side), High Court of Madras.
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T.V.THAMILSELVI , J.
dsn 03.06.2024 5/5