V.Shine v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2020

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.M.P.No.8305 of 2020 in Crl.O.P.No.7210 of 2020 V.Shine ... Petitioner Vs.

State represented by The Sub-Inspector of Police S-11, Tambaram Police Station, Tambaram, Chennai - 600 045 (Crime No.61 of 2020) ... Respondent Prayer: Criminal Miscellaneous Petition filed under Section 482 Cr.P.C. to relax the condition (c) in the order being "the first petitioner is directed to deposit a sum of Rs.5,00,000/- (Rupees Five Lakhs Only) to the credit of Crime No.61 of 2020 at the time of executing the bail bond. The learned Magistrate in turn, shall deposit the said amount of Rs.5,00,000/- in Fixed Deposit in any Nationalized Bank and retain the fixed deposit receipt" imposed on the petitioner by this Hon'ble Court by an order dated 05.11.2020 in Crl.O.P.No.7210 of 2020.

For petitioners : Mr.M.Mohammed Rafi For Respondent : M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) This petition has been filed to relax the condition, an amount of Rs.5,00,000/- ordered in Crl.O.P.No.7210 of 2020 by order dated 05.11.2020 by this Court.

2. The learned counsel appearing for the petitioner would submit that the petitioner was granted bail by this Court in Crl.O.P.No.7210

of 2020 dated 05.11.2020, on condition that the petitioner to pay a sum of Rs.5,00,000/- (Rupees Five Lakh only) towards the defacto complainant. Due to the financial condition, the petitioner is unable to pay the amount. Hence the present modification petition is filed.

3. Heard, both sides.

4. Considering the facts and circumstances, this Court is not inclined to modify the order.

5. Accordingly, this petition is dismissed. However, further three weeks time is granted to the petitioner to deposit the amount of Rs.5,00,000/- , from the date on which the order copy made ready. Failing which, the petition for anticipatory bail shall stand automatically dismissed.

-sd/- 18/12/2020 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, TAMBARAM 2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI

5 THE SUB-INSPECTOR OF POLICE, S-11, TAMBARAM POLICE STATION, CHENNAI.

+1 C.C. to M/S. M.MOHAMMED RAFI Advocate on payment of necessary charges SR.NO.8482 Order in CRL MP.8305/2020 in CRL OP.7210/2020 Date :18/12/2020 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format GKS:04/01/2021