Rajammal v. State, Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.13866 of 2020

1. Rajammal, W/o.Angamuthu

2. S.Angamuthu, S/o.Chinnathambi,

3. Singaravel S/o.C.Angamuthu, All are residing at No.6/343, Mettu Street, Kadambur Village, Gengavalli Taluk, Salem District. ...Petitioners/Accused Vs.

The Sub Inspector of Police, Gengavalli Police Station, Salem District.

Crime No.378 of 2020.

...Respondent/Complainant

Prayer :- Criminal Original Petition filed under Section 482 Cr.P.C. praying to modify the condition No.2 that the petitioners shall deposit the sum of Rs.10,000/- each to the Tamil Nadu Chief Minister's Public Relief Fund (Non-refundable) in the order passed by the learned Principal Sessions Judge, Salem dated 25.08.2020 in Crl.M.P.No.2431 of 2020 in Crime No.378 of 2020 on the file of the respondent. For Petitioners :

Mr.S.Ambigapathi For Respondent :

Mrs.S.Karthikeyan Additional Public Prosecutor *****

O R D E R

This Criminal Original petition has been filed seeking for modification of the anticipatory bail condition imposed on the petitioners in C.M.P.No.2431 of 2020 dated 25.08.2020 by the learned Principal Sessions Judge, Salem.

2. The learned counsel for the petitioners would submit that the petitioners who apprehend arrest at the hands of the respondent police in Crime No.378 of 2020 for the offences under sections 294(b), 323, 332 and 506(i) IPC have filed a petition to grant anticipatory bail before the Court below. He would submit that the petitioners were granted anticipatory bail dated 25.08.2020 by the learned Principal Sessions Judge, Salem, in C.M.P.No.2431 of 2020 on certain conditions. One of the anticipatory bail condition imposed was that "the petitioners shall deposit a sum of Rs.10,000/- each (each Rupees Ten Thousand Only) to the Tamil Nadu Chief Minister's Public Relief Fund (Non-refundable)".

3. The learned counsel for the petitioners further submitted that the petitioners were unable to mobilize funds, and hence, they are unable to comply with the condition though, the petitioners have been granted anticipatory bail on 25.08.2020. Hence he seeks to modify the condition imposed by the Court below.

4. In view of the submission made by the learned counsel for the petitioners, this Court modifies the said condition imposed by the learned Principal Sessions Judge, Salem, in C.M.P.No.2431 of 2020 dated 25.08.2020 to the effect that instead of depositing a sum of Rs.10,000/- each (each Rupees Ten Thousand Only) to the Tamil Nadu Chief Minister's Public Relief Fund (Non-refundable), the petitioners shall deposit a sum of Rs.5,000/- (Rupees Five Thousand Only) each to the Tamil Nadu Chief Minister's Public Relief Fund(Non-refundable). However, the other conditions remain unaltered.

5. Accordingly, this Criminal Original Petition is modified.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Principal Sessions Court, Salem.

2. The Sub Inspector of Police, Gengavalli Police Station, Salem District.

3. The Public Prosecutor, High Court of Madras, Chennai.

Copy to:

The Officer Incharge/Secretary, The Tamil Nadu Chief Ministers Public Relief fund(Non-Refundable) Fort Saint George, Ch-9.

+1cc to Mr.S.Ambigapathi, Advocate in SR.NO..29309 CRL.O.P.No.13866 of 2020 ca(co) rv(30/9/2020)