Elumalai v. State By

Crl.M.P.No.9297 of 2023 in Crl.O.P.No.11289 of 2023 A.D.JAGADISH CHANDIRA, J.

This petition has been filed to modify the condition 8(b) imposed on the petitioner by an order dated 02.06.2023 in Crl.O.P.No.11289 of 2023.

2. Learned counsel for the petitioner submitted that the petitioner was granted bail by this Court in Crl.O.P.No.11289 of 2023 on 02.06.2023 and this Court, while granting bail to the petitioner, directed him to deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs only) to the credit of Crime No.133 of 2023 as ex gratia payment, however, due to his poor financial background, he was unable to raise the said amount. Thereby, despite the order being granted on 02.06.2023, the petitioner is still languishing in prison. Hence, he seeks modification of the condition.

3. Considering the submission made by the learned counsel appearing for the petitioner, the condition 8[b] imposed as against the petitioner is modified to the effect that "the petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) to the credit of Crime No.133 of 2023 as ex gratia payment and on such deposit, the learned Magistrate is directed to disburse the amount to the wife of the deceased after issuance of notice and proper identification and acknowledgment;" https://www.mhc.tn.gov.in/judis

A.D.JAGADISH CHANDIRA, J.

4. It is made clear that the other conditions of the order shall remain unaltered.

5. With the above directions, this Criminal Miscellaneous Petition stands ordered.

06.07.2023 ham Note : Issue order copy today (06.07.2023) Crl.M.P.No.9297 of 2023 in Crl.O.P.No.11289 of 2023 https://www.mhc.tn.gov.in/judis