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Madras High CourtCRL MP/10204/2019dismissed

J.Mathialagan, v. The State Rep. By

2019-07-31Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Thirty First day of July Two Thousand Nineteen PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL MISCELLANEOUS PETITION No.10204 of 2019 IN CRL OP.11410/2018 J.MATHIALAGAN [ PETITIONER ] Vs THE STATE REP. BY [ RESPONDENT ] THE STATION HOUSE OFFICER, PANRUTI POLICE STATION, CUDDALORE DISTRICT.

CRIME NO.53 OF 2017 Petition praying that in the circumstances stated therein the High Court will be pleased to modify the condition as deposit a title sureties worth about 3,00,000/- rupees instead of deposit a sum of rupees 3,00,000/- to the credit of Cr.No.53/2017 before the learned Judicial Magistrate No.1, Panruti Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S. KARUPPAIYA MOOPPANAR K., Advocate for the petitioner and of MR.B.ARULMOZHIMARAN, Govt. Advocate ( Crl. Side) on behalf of the Respondent the court made the following order:- The case of the prosecution is that the petitioner along with others had fabricated documents and obtained loan from the defacto complainant Bank to the tune of Rs.58 lakhs and based on the complaint given by the defacto complainant, a case has been registered by the respondent.

On an earlier occasion, this Court while considering the anticipatory bail application in Crl.O.P.No.11410 of 2018, granted anticipatory bail on the ground that the petitioner himself agreed to deposit Rs.3,00,000/- without prejudice to his defense and he had also undertook to pay the balance amount due to the bank and willing to cooperate with the investigation. Accordingly, this Court imposed condition by directing the petitioner to deposit a sum of Rs.3,00,000/- to the credit of Cr.No.53 of 2017 before the learned Magistrate.

Though the order was passed on 21.08.2018, the present modification petition is filed to modify the condition as deposit a title sureties worth about Rs.3,00,000/- instead of deposit a sum of Rs.3,00,000/- to the credit of Cr.No.53/2017. This Court is not inclined to entertain this Criminal Miscellaneous Petition. Accordingly, the same stands dismissed. However considering the limited request made by the learned counsel for the petitioner that time may be granted to deposit Rs.3,00,000/-, this Court grants three (3) weeks time to deposit a sum of Rs.3,00,000/- from today.

-sd/- 31/07/2019 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, PANRUTI.

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

4 THE STATION HOUSE OFFICER, PANRUTI POLICE STATION, CUDDALORE DISTRICT.

+1C.C. to M/S. KARUPPAIYA MOOPPANAR K. Advocate on payment of necessary charges SR NO.15974 Order in CRL MP.10204/2019 in CRL OP.11410/2018 Date :31/07/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MK:05/08/2019 -