Solomon v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.07.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.12484 of 2021 Solomon ... Petitioner Vs.

State rep. by The Inspector of Police, Pulianthoppu Police Station, Chennai.

(Crime No.785 of 2020) ... Respondent Prayer:

Petition filed under Section 439(1)(b) of Cr.P.C., seeking to modified the order dated 12.05.2021 in Crl.M.P.No.10250 of 2021 on the file of the Hon'ble Principal Sessions Judge, Chennai and consequently modify the condition that the petitioner shall deposit a sum of Rs.20,000/- (Rupees Twenty Thousand Only) to the credit of the Crime No.785 of 2020 imposed by order dated 12.05.2021 in Crl.M.P.No.10250 of 2021 on the file of the Hon'ble Principal Sessions Judge, Chennai. For Petitioner :

Mr.B.M.Santharam For Respondent :

Mr.C.E.Pratap Government Advocate (Crl.Side)

O R D E R

The petitioner has filed this petition seeking to modify the condition imposed in Crl.M.P.No.10250 of 2021 dated 12.05.2021. 2.The case of the petitioner is that he was arrested on the allegation of burglary.

Hence, the petitioner filed Crl.M.P.No.785 of 2020 before the learned X Metropolitan Magistrate Court, Egmore, seeking bail and he was granted bail on 04.09.2020 with a direction to deposit a sum of Rs.25,000/- and aggrieved by the said condition, he filed Crl.M.P.No.10250 of 2021 before the learned I Additional Sessions Judge, Vacation Sessions Judge, Chennai and vide order dated 12.05.2021, made in the said petition, the conditional amount was modified and he https://hcservices.ecourts.gov.in/hcservices/

was directed to deposit a sum of Rs.20,000/-. Aggrieved by the same, the petitioner has filed this petition. 3.The learned counsel appearing for the petitioner would submit that the petitioner is a poor man and he is not in a position to deposit the said amount and prayed this Court to modify the condition.

4.Heard the submissions made by the learned Government Advocate appearing for the respondent.

5.Already the lower Court has exercised its power and modified the conditional amount initially imposed on the petitioner. Hence, the condition imposed on the petitioner in Crl.M.P.No.10250 of 2021 dated 12.05.2021, does not warrant any interference.

6.This criminal original petition is accordingly dismissed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar pri To 1.The Principal Sessions Judge, Chennai.

2.The Inspector of Police, Pulianthoppu Police Station, Chennai.

(Crime No.785 of 2020) 3.The Public Prosecutor, High Court of Madras, Chennai 600 104.

Crl.O.P.No.12484 of 2021 PM (CO) PR (24/08/2021) https://hcservices.ecourts.gov.in/hcservices/