Mathu @ Mathu Suthanan Kumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL MISCELLANEOUS PETITION No.10926 & 10928 of 2021 IN CRL OP.16061/2021 1 MATHU @ MATHU SUTHANAN KUMAR [ PETITIONERS 2 SANGEETHA IN BOTH THE PETITIONS ] Vs STATE REP BY [ RESPONDENT THE INSPECTOR OF POLICE, IN BOTH THE PETITIONS ] DISTRICT CRIME BRANCH, DHARMAPURI (CRIME NO.8/2021) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased (i) to modify the condition No.6 (b), in order dated 08.09.2021 passed in Crl.O.P.No.16061/2021 consequently permit the petitioners to deposit the amount of Rs.4,00,000/- before the learned Judicial Magistrate No.II, Dharmapuri and thus render justice (CRL.MP.NO.

10926) (ii) to extend the time to enforce the order dated 08.09.2021 passed in Crl.O.P.No.16061/2021 and thus render justice (CRL.MP.NO.10928/2021) 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 B.MANIMARAN, Advocate for the petitioner and of M/S. A.GOPINATH, Govt. Advocate ( Crl. Side) on behalf of the Respondents the court made the following order:- (The case has been heard through video conference) The Miscellaneous Petition has been filed to modify the condition imposed on the petitioner in Para 6(b) of the order dated 08.09.2021 passed by this Court in Crl.OP.No.

the amount of Rs.4,00,000/- before the learned Judicial MagistrateII, Dharmapuri in Crime No.8 of 2021 on the file of the respondent police.

2. Heard both sides.

3. It appears that on an earlier occasion, the petitioner has agreed to pay a sum of Rs.4,00,000/- to the defacto complainant by way of demand draft without prejudice to their defence.

4. Considering the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner, the condition imposed in Paragraph.No.6(b) of the Order dated 08.09.2021 is modified as follows:

"the petitioner shall deposit a sum of Rs.4,00,000/- (Rupees Four Lakhs Only) to the credit of Cr.No.8 of 2021 before the Judicial Magistrate No.II, Dharmapuri within a period of four weeks from the date of receipt of a copy of this order . On such deposit being made, the learned Judicial Magistrate No.II,Dharmapuri shall obtain an affidavit of undertaking from the defacto complainant stating that in the event of the petitioners succeeding the case, the amount of Rs.4,00,000/- deposited by the petitioners to the credit of Cr.No.8 of 2021 will be returned to the petitioners and after obtaining such affidavit of undertaking from the defacto complainant, the trial court shall disburse the said amount to the defacto complainant within a period of two weeks thereafter;

Instead of " 6(b) the petitioners shall pay a sum of Rs.4,00,000/- to the defacto complainant by way of demand draft without prejudice to their defence before the trial court and the concerned Magistrate, shall accept the sureties furnished by the petitioners on production of acknowledgment as to the said payment to the defacto complainant"

4. Time granted by this Court to comply with the modified condition in Crl.O.P. No.16061 of 2021 dated 08.09.2021 is extended by a period of four weeks from the date of receipt of a copy of this order .

-sd/- 27/10/2021 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, NO.II, DHARMAPURI 2 THE CHIEF JUDICIAL MAGISTRATE DHARMAPURI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, DHARMAPURI 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 C.C. to M/S B.MANIMARAN Advocate on payment of necessary charges SR.No.11969,11970 Order in CRL MP.10926 & 10928/2021 in CRL OP.16061/2021 Date :27/10/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format APN 16/11/2021