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Madras High CourtCRL MP/8240/2021dismissed

B.Murugan v. The Inspector Of Police

2021-08-24Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Fourth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL MISCELLANEOUS PETITION No.8240 of 2021 IN CRL OP.9946/2021 B.MURUGAN [ PETITIONER/ACCUSED ] Vs THE INSPECTOR OF POLICE [ RESPONDENT/COMPLAINANT ] T-7, TANK FACTORY POLICE STATION, AVADI, THIRUVALLUR DISTRICT.

(CRIME NO.174 OF 2021) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to modify the conditional order dated 14.06.2021 made in Crl.O.P.No.9946 of 2021 that (b) the petitioner shall make a non-refundable deposit of Rs.50,000/- (Rupees Fifty Thousant Only) through demand draft to the credit of the Chairman/District Collector, District Mineral Foundation Trust of the concerned District without prejudice to his defence before the trial court and learned Judicial Magistrate, after perusing the challan receipt, shall accept the sureties furnished by petitioner and pass such further or other orders as this Hon'ble Court may deem fit and necessary in the circumstances of the case and render justice.

Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S. A.VIJAYASANKAR, Advocate for the Petitioner and of MR.A.GOPINATH Govt. Advocate (Crl. Side)on behalf of the Respondent the court made the following order:- This petition has been filed to modify the condition imposed by this Court vide order dated 14.06.2021 in Crl.OP.No.9946 of 2021, wherein, the petitioner was directed to deposit a sum of Rs.50,000/- to the credit of the concerned District Mineral Foundation Trust, without prejudice to his rights and contentions.

2. Learned counsel appearing for the petitioner submits that the condition to deposit Rs.50,000/- is very high and therefore this Court may modify the said condition as the petitioner on his own violation had granted anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. Once the petitioner has on his own violation accepted to pay the amount imposed by the Court, the petitioner cannot turn back and say that the amount modification is exorbitant and cannot seek. 5.In view of the above, this petition deserves to be dismissed and accordingly the same is dismissed.

-sd/- 24/08/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, AMBATTUR.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE T-7, TANK FACTORY POLICE STATION, AVADI, THIRUVALLUR DISTRICT.

4 THE CHAIRMAN/DISTRICT COLLECTOR, DISTRICT MINERAL FOUNDATION TRUST, THIRUVALLUR.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1C.C. to M/S. A.VIJAYASANKAR Advocate on payment of necessary charges SR.NO.9001 Order in CRL MP.8240/2021 in CRL OP.9946/2021 Date :24/08/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format CSK 22/09/2021 https://hcservices.ecourts.gov.in/hcservices/