A.Senthil Kumar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Sixteenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL MISCELLANEOUS PETITION No.13447 of 2021 IN CRL OP.15518/2021 A.SENTHIL KUMAR [ PETITIONER ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, SATHANGADU POLICE STATION, THIRUVALLUR DISTRICT.

CR NO.77/2020.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to modify the condition 5(b) the petitioner shall make a Non-refunable deposit of Rs.25,000/- to the credit of The Chief Educational Officer, Tiruvallur District for the rehabilitation and improvement of the basic needs of the Government Schols in the said District under necessary acknowledgment without prejudice to his defence before the trial court and submit proof of the payment of the said amount before the aforesaid learned Judicial Magistrate, who after perusing the receipt/acknowledgement shall accept the sureties furnished by the petitioner imposed in Crl.O.P.No. 15518 of 2021 dated 27.08.2021.

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.R.DINESH KUMAR, Advocate for the petitioner, and of MR.S.BALAJI, 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.15518 of 2021, dated 27.08.2021.

2.While granting anticipatory bail petition, the petitioner, on his own volition, submitted that without prejudice to his defence and contentions, is willing to contribute a sum of Rs.25,000/- (Rupees Twenty Five thousand only) to the Chief Educational Officer, Thiruvallur District for the purpose of improving and maintaining Government Schools. This Court, vide order dated 27.08.2021, granted anticipatory bail to the petitioner on condition that the petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five thousand only) to the Chief Educational Officer, Thiruvallur District.

3. Today, when the matter is taken up for hearing, the learned counsel for the petitioner submitted that the petitioner is a daily wages worker and he is the only breadwinner of his family. Therefore he is unable to deposit the amount as imposed on the petitioner by this Court. Hence, the learned counsel prays to modify the condition. 4.In view of the backdrop, the earlier condition imposed by this Court is on the basis of the petitioner's instructions. Now, this modification petition has filed on the different ground, which is not permissible. Hence, this petition for modification of the condition imposed by this Court dated 27.08.2021 in Crl.OP.No.15518 of 2021 does not acceptance and accordingly, this miscellaneous petition is dismissed. However, time extended finally for two weeks for complying with the conditions imposed on the petitioner and further time will not be granted by this Court.

-sd/- 16/12/2021 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, THIRUVOTTIYUR, THIRUVALLUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, SATHANGADU POLICE STATION, THIRUVALLUR DISTRICT.

5 THE CHIEF EDUCATIONAL OFFICER, THIRUVALLUR DISTRICT.

C.C. to M/S.R.DINESH KUMAR Advocate on payment of necessary charges Order in CRL MP.13447/2021 in CRL OP.15518/2021 Date :16/12/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-30/12/2021