Santhosh, Aged 20 Years, v. The State By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.06.2018

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P. No.15628 of 2018 1.

Santhosh 2.

Punniyamoorthy 3.

Sakthivel 4.

Settu @ Sathiya Moorthy

...Petitioners

vs.

The State by The Station House Officer Kiliyanaur Police Station Villupuram District.

...Respondent

Criminal Original Petition filed under Section 482, Cr.P.C. to modify the first condition imposed by the Sessions Judge, Villupuram, in his order in Crl.MP.No.3533 of 2018 dated 30.05.2018 that (i) Deposit a sum of Rs.12,000/- each petitioners as cash security before the lower Court. For petitioners : Mr.S.Anburaja For Respondent : Mrs.P.Kritika Kamal.P Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to modify the first condition dated 30.05.2018 imposed by the Sessions Judge, Villupuram, in Crl.MP.No.3533 of 2018.

2. Pursuant to the death of a prominent leader of PMK, the petitioners pelted stones on a TNSTC bus and caused damage to the front side glass of the bus. The petitioners filed Crl.MP.No.3533 of 2018 under Section 438 Cr.P.C seeking anticipatory bail, in which, the Vacation Sessions Judge, Villupuram District, pleased to enlarge the petitioners on bail on certain conditions, one of which is that the petitioners shall deposit Rs.12,000/- each as cash security, challenging

which, this modification petition has been filed.

3. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondent.

4. The learned counsel for the petitioners submitted that the total damage is only Rs.6,000/- and therefore, the Vacation Sessions Judge, Villupuram District, ought not to have imposed Rs.12,000/- each as cash security.

5. Per contra, the learned Government Advocate (Crl. Side) refuted the above said contention.

6. In the opinion of this Court, such activities should be put down with iron hand because TNSTC buses are running on tax payers money. That apart, the life of the driver would be in danger, when a stone is thrown on the front side glass of the bus. Hence, this Court does not find any infirmity in the order passed by the Vacation Sessions Judge, Villupuram District. However, a sum of Rs.12,000/- is reduced to Rs.6,000/- each and the petitioners without prejudice to their case shall deposit Rs.6,000/- each with the Branch Manager, TNSTC Depot, Villupuram and obtain the receipt. The petitioners are directed to submit the receipt along with the sureties bonds. The petitioners shall make the payment and surrender before the Judicial Magistrate, Vanur on or before 02.07.2018 and furnish sureties. Rest of the conditions imposed by the Vacation Sessions Judge, Villupuram District, shall remains the same.

Sd/- Assistant Registrar(CS II) //True copy// Sub Assistant Registrar mk To 1.The Sessions Judge, Villupuram.

2.The Station House Officer Kiliyanaur Police Station Villupuram District.

3.The Judicial Magistrate, Vanur.

4.The Public Prosecutor High Court, Madras.

5.The Branch Manager, TNSTC Depot, Villupuram.

+1cc to Mr.S.Anburaja, Advocate SR.No.37760 Crl.O.P. No.15628 of 2018 GN(27/06/2018)