L.Loganathan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2021

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.No.14627 of 2021 1.L.Loganathan 2.Javith @ Javith Basha ..Petitioners Vs.

The State rep.by The Inspector of Police, Acharapakka, Police Station, Chengelpet District.

..Respondent PRAYER: Criminal Original Petition filed under Section 439(1)(b) of the Code of Criminal Procedure, to modify the cost of Rs.45,000/- by each of the petitioners imposed in Crl.M.P.NO.3972 of 2021 dated 07.08.2021 on the file of the Principal District Court at Chengalpet.

For Petitioner : Mr.L.Uthayakumar For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side)

O R D E R

This Petition has been filed to modify the condition of imposing cost of Rs.45,000/- to each of the petitioners in Crl.M.P.NO.3972 of 2021 dated 07.08.2021, on the file of the Principal District Court at Chengalpet.

2. The Trial Court, while granting bail, directed the petitioners to pay a sum of Rs.45,000/- each, to the Chairman / District Collector, District Mineral Foundation Trust, Kanchipuram District.

3. The learned counsel appearing for the petitioners submitted that the 1st petitioner is a driver and the 2nd petitioner is a daily wages labourer. They were not able to comply with the condition imposed by the Trial Court, since they are hailing from economically weaker section of the Society and as such they were not able to mobilize funds to comply with the https://hcservices.ecourts.gov.in/hcservices/

conditions as ordered by the Trial Court and therefore, prays for modification of the said condition.

4. Considering the submission made by the learned counsel for the petitioners and facts of the case, this Court is inclined to modify the above said condition of the order dated 07.08.2021, made in Crl.M.P.No.3972 of 2021, on the file of the Principle District Court at Chengelpet and the petitioners are directed to make a Demand Draft for Rs.50,000/- (Rupees Fifty Thousand only) jointly, payable to the Chairman / District collector, the District Mineral Foundation Trust of Kanchipuram District. Thereby, the order dated 07.08.2021, made in Crl.M.P.No.3972 of 2021, on the file of the Principle District Court at Chengelpet, is modified to that extent.

5. This Criminal Original Petition is modified accordingly.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sk To 1.The Inspector of Police, Acharapakka, Police Station, Chengelpet District.

2.The Principal District Court, Chengalpet.

3.The Public Prosecutor, High Court, Madras.

4.The Chairman, District Collector, The District Mineral Foundation Trust of Kanchipuram District.

Crl.O.P.No.14627 of 2021 AJB(CO) KKV/24/08/2021 https://hcservices.ecourts.gov.in/hcservices/