L.B.Senthil Kumar v. The State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Twenty Ninth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL MISCELLANEOUS PETITION No.11121 of 2021 IN CRL OP.15153/2021 1 L.B.SENTHIL KUMAR [1st PETITIONER/1st ACCUSED ] 2 LAKSHMI SENTHIL KUMAR [2nd PETITIONER/2nd ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CCB-1, OFFICE OF THE COMMISSIONER OF POLICE, GREATER CHENNAI POLICE, NO.132, EVK SAMPATH ROAD, VEPERY CHENNAI - 600 007.
CRIME NO.145/2021) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order to modify the condition in para (b) of the order dated 06.09.2021 in Crl.O.P.No.15153 of 2021 to deposit Rs.6,53,000/- to the credit of the FIR No.145 of 2021 on the file of respondent without prejudice to the defence before the trial court and to modify the condition in para (d) of the order dated 06.09.2021 in Crl.O.P.No.15153 of 2021 to report to T2, Ambattur Estate Police Station, Chennai and 2nd Petitioner shall report as and when required before the respondent police in the FIR No.145 of 2021 u/s. 406 and 420 of IPC on the file of the Inspector of Police, CCB - I, Office of the commissioner of police, greater chennai police, No.131 EVK Sampath Road, Vepery, Chennai - 600 007.
Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.N.S.THANU MADHAN Advocate for the Petitioner and of MR.A.GOPINATH Govt. Advocate (Crl. Side) on behalf of the Respondent the court made the following order:- This Miscellaneous Petition has been filed to modify the condition in Para (b) of the Order dated 06.09.2021 in Crl.OP.No.15153 of 2021 to deposit Rs.6,53,000/- to the credit of the FIR.No.145 of 2021 on the file of the respondent without
prejudice to the defence before the trial court and to modify the condition in Para (d) of the Order dated 06.09.2021 in Crl.OP.No.15153 of 2021 to report to T2, Ambattur Estate Police Station, Chennai and 2nd petitioner shall report as and when required before the respondent police in the FIR No.145 of 2021 under Section 406 and 420 of IPC on the file of the Inspector of Police, CCB-1 Office of the Commissioner of Police, Greater Chennai Police, No.132, EVK Sampath Road, Vepery, Chennai-600 007.
2. It is submitted by the learned counsel for the petitioner that though this Court granted Anticipatory bail to the petitioners on 06.09.2021 as the petitioners on their own volition agreed to deposit a sum of Rs.10,00,000/-, however, the present modification petition has been filed as the petitioners had already deposited Rs.3,47,000/- even before grant of anticipatory bail and to that effect direction may be given for deposit of only the amount of Rs.6,53,000/- to the credit of FIR No.145 of 2021.
3. It is further submitted by the learned counsel for the petitioners that in para (d) of the order, instead of the petitioners being directed to report before CCB-1 and 2, this Court may modify by directing the petitioners to appear before T-2, Ambattur Estate Police Station.
4. It is the further submission of the learned counsel for the petitioner that the 2nd petitioner being a lady, her appearance daily before the T-2 Ambattur Estate Police may be modified.
5. The learned Government Advocate (Crl.Side) submits that he has no objection for modifying the condition and further submits that a sum of Rs.3,47,930/- is deposited with CCB Trial Court, Egmore.
6. In view of the aforesaid submissions, this Court is inclined to modify para (b) and (d) of the Order dated 06.09.2021 in Crl.OP.No.15153 of 2021 may stand replaced as under :- (b) the petitioners shall deposit a sum of Rs.6,53,000/- to the credit of the FIR.No.145 of 2021 without prejudice to their defence before the trial Court and the concerned Magistrate shall accept the sureties furnished by the petitioners on such deposit being made and proof filed by the petitioners; (d) the first petitioner shall report before the T2, Ambattur Estate Police Station, Chennai daily at 10.30a.m., until further orders and the second petitioner shall report before the T2, Ambattur Estate Police Station, Chennai as and when required for interrogation.
7. Except for the aforesaid modification, the order dated 06.09.2021, passed in Crl.O.P.No.15153 shall remain unaltered. This Criminal Miscellaneous Petition is ordered in the above terms. Consequently, connected miscellaneous petition Crl.MP.No.8591 of 2021 is closed.
-sd/- 29/10/2021 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 CCB-I & CBCID COURT, EGMORE, CHENNAI.
2 THE INSPECTOR OF POLICE, CCB-1, OFFICE OF THE COMMISSIONER OF POLICE, GREATER CHENNAI POLICE, NO.132, EVK SAMPATH ROAD, VEPERY, CHENNAI - 600 007.
3 THE OFFICER INCHARGE, T-2 AMBATTUR ESTATE POLICE STATION, CHENNAI.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
C.C. to M/S. N.S.THANU MADHAN Advocate on payment of necessary charges Order in CRL MP.11121/2021 in CRL OP.15153/2021 Date :29/10/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format CSK 24/11/2021