Kumar @ Chandrakumar v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.07.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Kumar @ Chandrakumar ... Petitioner Vs.

The State rep. by Inspector of Police, District Crime Branch, Nagapattinam District.

Crime No.2 of 2023 ... Respondent Prayer: Criminal Original Petition filed under Section 439(1)(b) Cr.P.C. to modify the condition that "[e] the petitioner shall return the sum of Rs.7,25,000/- to the de-facto complainant within 10 days as promised from the date of release on bail..." imposed in bail order dated 24.02.2023 made in Crl.M.P.No.700 of 2023 on the file of the Ld. Judicial Magistrate Court I, Nagapattinam. For Petitioner : Mr.C.Harish For Respondent : Mr.N.S.Suganthan Government Advocate (Crl.side)

O R D E R

This petition has been filed for modification of the condition imposed by the learned Judicial Magistrate Court I, Nagapattinam, in Crl.M.P.No.700 of 2023 dated 24.02.2023, directing the petitioner to return the sum of Rs.7,25,000/-

to the de-facto complainant within 10 days as promised from the date of release on bail.

2. At the time of filing bail petition, petitioner's wife gave an oral undertaking that a sum of Rs.7,25,000/- would be paid to the de-facto complainant once the petitioner is released on bail and on the said undertaking, bail was granted to the petitioner. The petitioner was subsequently released on bail.

3. It is the submission of the learned counsel for the petitioner that the petitioner is not able to mobilize Rs.7,25,000/-, therefore he wants modification of this condition.

4. Reading of the bail order shows that, with a condition to pay Rs.7,25,000/- the bail was granted to the petitioner, primarily for the reason of undertaking given by the petitioner's wife. It is settled proportion of Law, that such condition cannot be imposed in a bail petition. It is also informed that the de-facto complainant filed a petition for cancellation of bail in Crl.M.P.No.2174 of 2023.

5. Therefore, this Court set asides the condition imposed by the learned Judicial Magistrate Court I, Nagapattinam, in Crl.M.P.No.700 of 2023 dated 24.02.2023, to pay a sum of Rs.7,25,000/- to the de-facto complainant in condition 4(e). The learned Judicial Magistrate I, Nagapattinam is directed to dispose of the petition pending for cancellation of bail on merits and in accordance with law.

6.

Accordingly, this Criminal Original Petition is disposed of. 19.07.2023 Index : Yes/No Internet : Yes Speaking/non speaking order mpl To

1. The Judicial Magistrate I, Nagapattinam.

2. Inspector of Police, District Crime Branch, Nagapattinam District.

3. The Public Prosecutor, High Court, Madras.

G.CHANDRASEKHARAN , J.

mpl 19.07.2023