Gayathiri v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Thirteenth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL MISCELLANEOUS PETITION No.9141 of 2021 IN CRL OP.14012/2021 GAYATHIRI [ PETITIONER/ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KALLAKURICHI POLICE STATION, KALLAKURICHI DISTRICT.

CRIME NO. 46 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 condition imposed in paragraph no.6(a) in Crl.O.P.No.14012 of 2021 dated 11.08.2021 on which the Bail is granted. 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.D.RAVINDRANATHAN, 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 is filed to modify the condition No.6(a) imposed on the petitioner by this Court in Crl.O.P.No.14012 of 2021, dated 11.08.2021.

2.This Court vide order dated 11.08.2021, granted bail to the petitioner with certain conditions and one of the condition is that the petitioner shall deposit a sum of Rs.5,00,000/- (Rupees Five Lakhs only) to the credit of crime No.46 of 2021 before the learned Judicial Magistrate-I, Kallakurichi within a period of two weeks from the date of receipt of a copy of this order.

3. Today, when the matter is taken up for hearing, the learned counsel for the petitioner submitted that the petitioner is a daily wages worker and he is the only breadwinner of his family. Therefore she is unable to deposit the amount as imposed on the petitioner by this Court. Hence, the learned counsel prays to modify the condition. 4.In view of the backdrop, the earlier condition imposed by this Court is on the basis of the petitioner's instructions. Now, this modification petition has filed on the different ground, which is not permissible. Hence, this petition for modification of the condition viz., 6(a) imposed by this Court dated 11.08.2021 in Crl.OP.No.14012 of 2021 does not acceptance and accordingly, this miscellaneous petition is dismissed. Further, two weeks time is extended for complying the said condition.

If not complied, bail granted by this Court to the petitioner is automatically vacated. -sd/- 13/09/2021 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, NO.I, KALLAKURICHI, KALLAKURICHI DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE VILUPPURAM DISTRICT. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, KALLAKURICHI POLICE STATION, KALLAKURICHI DISTRICT.

C.C. to M/S.D.RAVINDRANATHAN Advocate on payment of necessary charges Order in CRL MP.9141/2021 in CRL OP.14012/2021 Date :13/09/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RW 21/09/2021