Gothandam v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2015

CORAM:

THE HON'BLE MR.JUSTICE R.SUBBIAH Crl.O.P.No.26390 of 2015 1.Gothandam 2.Balaraman 3.Shanmugam 4.Pachanimurugan 5.Sarathkumar 6.Sababathi 7.Ramesh 8.Ranjithkumar 9.Saravanan 10.Deivasigamani 11.Sambantham 12.Narayanan 13.Munusamy 14.Prasanth 15.Uthiravel 16.Sivasakthi 17.Boopal 18.Karthick 19.Kannan 20.Amulraj 21.Sivakumar 22.Ramesh 23.Ananthan 24.Murugan 25.Babu 26.Ayyappan 27.Pasubathi 28.Devaraj 29.Sivaraj 30.Ranjithkumar 31.Arunkumar 32.Tamilarasan 33.Karthick 34.Manunithi 35.Velu 36.Ariyagandhan 37.Naveenkumar

38.Prakash 39.Mahesh 40.Sridhar 41.Kalidoss 42.Venkatesan 43.Kuppan 44.Kumar 45.Murali 46.Raman 47.Murali 48.Manikandan ... Petitioners Vs.

State rep. by The Station House Office, Brammadesam Police Station, Marakkanam Taluk, Villupuram District.

(Crime No.339 of 2015) ... Respondent Prayer: Petition filed under Section 482 of the Criminal Procedure Code praying to modify the condition imposed by the learned Principal Sessions Judge, Villupuram in Crl.M.P.No.6410 of 2015, dated 08.10.2015 directing the petitioners/A11 to A48 to deposit a sum of Rs.2,000/- each as cash security before the Lower Court i.e., Judicial Magistrate No.II, Tindivanam.

For Petitioners : Mr.K.Balakrishnan For Respondent : Mr.C.Emalias, Addl. Public prosecutor.

* * * * *

ORDER

This Criminal Original Petition has been filed by the petitioner seeking to modify the condition imposed by the learned Principal Sessions Judge, Villupuram in Crl.M.P.No.6410 of 2015, dated 08.10.2015 directing the petitioners to deposit a sum of Rs.2,000/- each as cash security before the Lower Court i.e., Judicial Magistrate No.II, Tindivanam.

2.The petitioners have been arrayed as accused for the alleged offence punishable under Sections 147, 148, 294(b), 324, 332, 506(ii) and 307 IPC r/w Section 3 of the Public

Properties Damages Act (PPD Act), in Crime No.339 of 2015 pending on the file of the respondent-Police. The petitioners have moved anticipatory bail application in Cr.M.P.No.6410 of 2015 before the learned Principal Sessions Judge, Villupuram. By order dated 08.10.2015, while granting anticipatory bail to the petitioners, the learned Principal Sessions Judge, Villupuram, has imposed certain conditions on the petitioners; one of the conditions is that the petitioners shall deposit a sum of Rs.2,000/- each before the the learned Judicial Magistrate No.II, Tindivanam, under criminal court deposit to the credit of the concerned crime number.

3.Now, it is submitted by the learned counsel for the petitioner that the condition imposed on the petitioners, directing them to deposit Rs.2,000/- before the Court below is onerous one and the said condition has to be deleted. 4.Heard the learned Additional Public Prosecutor appearing for the respondent also.

5.Keeping the submissions made on either side, I have carefully gone through the order passed by the Court below. I am of the opinion that in the absence of any undertaking given by the petitioners accepting to deposit any amount, the condition imposed by the Court below directing the petitioners to deposit Rs.2,000/- is unwarranted and the same is liable to be deleted. Accordingly, the said condition is ordered to be deleted. The petitioners are granted two weeks time, from the date of receipt of a copy of this order, to surrender before the concerned Court. Except the above modification, the order passed by the Court below shall remain unaltered in all other aspects.

With the above modification, the Criminal Original Petition is disposed of.

sd/ ASSISTANT REGISTRAR(CCC) /TRUE COPY/ SUB-ASSISTANT REGISTRAR ssv

To, 1.The Station House Office, Brammadesam Police Station, Marakkanam Taluk, Villupuram District.

2.The Public Prosecutor, High Court, Madras.

3. The Principal Sessions Judge, Villupuram

4. The Judicial Magistrate, No.II, Tindivanam.

5. -do- thro' The Chief Judicial Magistrate, Villupuram +1 CC to MR. K.Balakrishnan Advocate. SR.NO.60390 Crl.O.P.No.26390 of 2015 CO-SK JD 06/11/2015