S.Nanmugan, Aged 60 Years, v. A.Jothimani, Aged 57 Years

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Third day of March Two Thousand Eighteen PRESENT The Hon`ble Mr Justice M.V. MURALIDARAN CRIMINAL MISCELLANEOUS PETITION No.4714 of 2018 IN CRL RC.346/2018 S.NANMUGAN, [ PETITIONER ] Vs A.JOTHIMANI, AGED 57 YEARS [ RESPONDENT ] S/O.M.ARUMUGAM, NO.3, JAGANATHAPURAM COLONY 1ST STREET, SURAMPATTI, ERODE - 638009, ERODE DISTRICT Petition praying that in the circumstances stated therein the High Court will be pleased to modify one of the condition that the petitioner shall deposit a sum of Rs.2,00,000/- within four weeks frome the date of receipt of the copy of the order in the order passed in Crl.M.P.No.4257 of 2018 in Crl.R.C.No.346 of 2018 dated 16.03.2018 on the file of this Honble Court Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.C.S.SARAVANAN, Advocate for the petitioner, the court made the following order:- Petitioner seeks modification of the condition imposed by this Court in Crl.R.C.No.346 of 2018 and Crl.M.P.No.4257 of 2018 under orders dated 16.03.2018.

2. The learned counsel for the petitioner would submit that this Court, under orders dated 16.03.2018, while granting the relief of suspension of sentence, has directed the petitioner to deposit a sum of Rs.2,00,000/- before the learned Judicial Magistrate No.I, Erode, within a period of four weeks. He would further submit that the petitioner is in custody from 05.02.2018 and he is unable to mobilize the said amount. Hence, he seeks time for depositing the said amount.

3. Heard the learned counsel for the respondent.

4. Considering the submission made by the learned counsel appearing for the petitioner, the order dated 16.03.2018 is modified that the petitioner is directed to deposit a sum of Rs.2,00,000/- to the credit of C.C.No.640 of 2009 on the file of the learned Judicial Magistrate No.I, Erode, within a period of three weeks from the date of his release in prison.

5. With the above modification, this criminal miscellaneous petition is allowed. The other condition shall remain unaltered. -sd/- 23/03/2018 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, ERODE 2 THE CHIEF JUDICIAL MAGISTRATE ERODE (FOR INFORMATION) +1 C.C. to M/S.C.S.SARAVANAN Advocate on payment of necessary charges Sr.No.5709 Order in CRL MP.4714/2018 in CRL RC.346/2018 Date :23/03/2018 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MD: 23/03/2018