Sudharsan Sangar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.13381 of 2022 Sudharsan Sangar

...Petitioner

Vs.

State rep. by The Inspector of Police, Kundadam Police Station, Tiruppur District Cr.No.138 of 2022

...Respondent

Prayer:-Criminal Original Petition filed under Section 439(1)(b) Cr.P.C. praying to modify the condition imposed by the learned Vacation Judge, Tiruppur, in Crl.M.P.No.1065 of 2022 dated 26.05.2022 in so far as the condition (a) that the petitioner is directed to deposit a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) before the Judicial Magistrate Court, Dharapuram, within 10 days and the same has to be kept pending till the disposal of the case" is concerned.

For Petitioner : Mr.C. Ramkumar For Respondent : Mr.V.J.Priyadarsana Government Advocate (Crl.Side) For Intervenor : Mr.M. Rajeev Gandhi

O R D E R

This petition has been filed for modification of the conditions imposed by the learned Vacation Judge, Tiruppur, in Crl.M.P.No.1065 of 2022 dated 26.05.2022, thereby directing the petitioner to deposit a sum of Rs.1,50,000/- to the credit of Cr.No.138 of 2022.

2.Heard learned counsel for the petitioner and learned Government Advocate (Crl. Side) for the respondent and the learned counsel for the intervenor.

3.The learned counsel for the petitioner submitted that the only grievance of the petitioner is that the condition imposed by the learned Vacation Judge, Tiruppur, is impractical and it is difficult to deposit a sum of Rs.1,50,000/- before the learned Judicial Magistrate Court, Dharapuram. He further https://hcservices.ecourts.gov.in/hcservices/

submitted that the livelihood of the petitioner is very much affected. The petitioner is depending on agriculture for his livelihood and he is unable to mobilize fund and furnish sureties. Hence, he prays for some modification. 4.The learned Government Advocate (Crl. Side) for the respondent has submitted that the petitioner has damaged crops and pipe lines of agriculture worth about Rs.2.50 lakhs and Rs.1 lakh respectively and opposed for modification of anticipatory bail condition.

5.Considering the facts and circumstances of the case, this Court is inclined to modify the condition imposed by the learned Vacation Judge, Tiruppur in Crl.MP.No.1065 of 2022 dated 26.05.2022. Accordingly, the petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One Lakh Only), to the satisfaction of the learned Judicial Magistrate Court, Dharapuram to the credit of Cr.No.138 of 2022. The rest of the conditions imposed by the Trial Court are unaltered.

6.With the above modification, this Criminal Original Petition is allowed.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar gv To

1. The Judicial Magistrate, Dharapuram.

2. The Principal District Judge Tiruppur.

3. The Inspector of Police, Kundadam Police Station, Tiruppur District Cr.No.138 of 2022

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

+1cc to Mr.C.Ramkumar, Advocate, S.R.No.34074 CRL.O.P.No.13381 of 2022 SSI(CO) RGA(23/06/2022) https://hcservices.ecourts.gov.in/hcservices/