M.Poosavel v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Twenty First day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL MISCELLANEOUS PETITION No.9535 of 2021 IN CRL OP.15010/2021 M.POOSAVEL [ PETITIONER/ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, AMMAPET POLICE STAITON, SALEM.
(CRIME NO. 333 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 order dated 24.08.2021 passed by this Hon'ble Court in Crl.O.P.No.15010 of 2021 in respect of condition 6(a) that the petitioner shall make a non-refundable deposit of Rs.1,00,000/- to the credit of the Adyar Cancer Hospital and Research Institute, Adyar, Chennai and Rs.4,00,000/- to the credit of the Chief Educational Officer, Salem District for construction of Toilet in Government Girls Higher Secondary School, Salem and thus 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.L.MOULI, 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 imposed on the petitioner by this Court in Crl.O.P.No.15010 of 2021, dated 24.08.2021.
2.This Court vide order dated 24.08.2021, enlarged the petitioner on bail on condition that the petitioner shall pay a sum of Rs.1,00,000/- (Rupees One Lakh Only) to the credit of
the Adyar Cancer Hospital and Research Institute, Adyar, Chennai and Rs.4,00,000/- (Rupees Four Lakh Only) to the credit of the Chief Educational Officer, Salem District, without prejudice to his rights and contentions in the case before the learned Judicial Magistrate V, Salem.
3. Today, when the matter is taken up for hearing, the learned counsel for the petitioner submitted that the petitioner is a poor man eking his livelihood by driving lorry and does not own any property, therefore the petitioner is unable to pay the huge sum of Rs.5,00,000. Hence, the present modification petition is filed by the petitioner to modify the conditions imposed on the petitioner.
4. This Court had enlarged the petitioner on bail only on the petitioner, on his own volition to pay the above amount. Therefore, the petitioner cannot come before this Court and seek modification of the above condition, which is impermissible. Hence, this petition for modification is dismissed. -sd/- 21/09/2021 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 V, SALEM.
2 THE CHIEF JUDICIAL MAGISTRATE SALEM DISTRICT [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, AMMAPET POLICE STAITON, SALEM.
4 THE CHIEF EDUCATIONAL OFFICER, SALEM DISTRICT.
5 ADYAR CANCER HOSPITAL AND RESEARCH INSTITUTE, ADYAR, CHENNAI.
6 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1C.C. to M/S.L.MOULI Advocate on payment of necessary charges SR.NO.10449 Order in CRL MP.9535/2021 in CRL OP.15010/2021 Date :21/09/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format CSK 04/10/2021