Mahendira v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.M.P.No.8442 of 2020 in Crl.OP.No.18526 of 2020 Mahendhira .. Petitioner /versus/ The State rep. by The Station House Officer, Thirunallar Police Station, Karaikal.

(Crime No.169 of 2020) .. Respondent Prayer: Criminal Miscellaneous Petition filed under Section 482 of Cr.P.C., praying to modify the condition imposed directing the petitioner to pay Rs.1,00,000/- to the family of the deceased vide order dated 03.12.2020 in Crl.OP.No.18526 of 2020. For Petitioner : Mr.R.Sreedhar For Respondent : Mr.C.Iyyappa Raj Additional Public Prosecutor

O R D E R

The petitioner/accused has filed this petition to modify the condition imposed on him directing to pay Rs.1,00,000/- to the family of the deceased vide order dated 03.12.2020 in Crl.OP.No.18526 of 2020.

2.The case of the prosecution is that the petitioner had one side love with one of the daughter of the deceased. While so, on 11.09.2020 at about 10.15 p.m, the petitioner and one another came near the house of the deceased and were creating nuisance. When the same was questioned, there was a quarrel between the deceased and the accused. Following which, the the petitioner along with another accused joined together and assaulted the deceased by hands and legs and also pushed him on the floor. Due to which, he fell down on the ground and became unconscious. Thereafter, the deceased was taken to the hospital where he was declared as dead.

3.When the bail petition came up for hearing it was adjourned on two occasions to ascertain the family status of the deceased. The deceased died leaving his wife and two daughters, who were studying 10th and 12th standard respectively. The learned counsel for the petitioner who argued the bail petition submitted that the petitioner is prepared to pay a sum of Rs.1,00,000/- to the family of the deceased without prejudice to his contention. The Court considering the family status of the deceased, directed the petitioner to pay a sum of Rs.1,00,000/- to the family of the deceased.

4.The learned counsel for the petitioner submitted that he is not the counsel who argued the bail petition and he is not aware of all these facts and seeks permission of this Court to withdraw the modification petition.

5.Recording the submission made by the learned counsel for the petitioner, this Criminal Miscellaneous Petition is dismissed as withdrawn.

-sd/- 21/12/2020 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 NO.II, KARAIKAL.

2 THE CHIEF JUDICIAL MAGISTRATE PUDUCHERRY [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, KALAPET, PUDUCHERRY.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE PUBLIC PROSECUTOR PUDUCHERRY.

6 THE STATION HOUSE OFFICER, THIRUNALLAR POLICE STATION, KARAIKAL.

7 MRS.VIJAYA W/O.RAVICHANDIRAN, INDIAN OVERSEAS BANK, THIRUNALLAR BRANCH A/C NO.026101000016935;

IFSC CODE IOBA0000261 8 AZHAGARASI D/O.RAVICHANDIRAN, THE BANK OF INDIA, THIRUNALLAR BRANCH A/C.NO.811110110009067;

IFSC CODE BKID0008111 9 KAYALVIZHI D/O.RAVICHANDIRAN, THE BANK OF INDIA, THIRUNALLAR BRANCH A/C.NO.811110110009066;

IFSC CODE BKID0008111 C.C. to M/S.R.SREEDHAR Advocate on payment of necessary charges Order in CRL.MP.NO.8442/2020 in CRL.OP.NO.18526/2020 Date :21/12/2020 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MK:07/01/2021