Madras High CourtCRL MP/17392/2023modified

Balakrishnan v. The State Rep By

2023-11-01Honourable Mr Justice A.D.Jagadish Chandira3 pages

Crl.M.P.No.17392 of 2023 in Crl.O.P.No.14329 of 2023 A.D.JAGADISH CHANDIRA, J.

This Criminal Miscellaneous Petition has been filed by the petitioner to modify the condition imposed on him by this Court in Crl.O.P.No.14329 of 2023 vide order dated 27.06.2023.

2. It is submitted by the learned counsel for the petitioner that the petitioner is an accused in Crime No.136 of 2022 and on the voluntary submission made by the petitioner that he is ready to deposit Rs.1 lakh to the credit of crime number, this Court had granted anticipatory bail to the petitioner on 27.06.2023. He further submitted that the petitioner was ready with the said amount, whereas, subsequently, he fell ill and thereby, he had spent some amount for medical expenses. Therefore, now the petitioner will be able to deposit only a sum of Rs.50,000/- . Thereby, he seek for modification of condition.

3. Learned Government Advocate (Crl.Side) submitted that only on the undertaking given by the petitioner that he is ready to deposit a sum of Rs.1lakh to the credit of crime number, this Court had granted anticipatory bail to the petitioner. However, twice the petitioner had failed to deposit the amount, thereby, he opposed for modifying the condition.

4. It is the case of the petitioner that though the petitioner had given an undertaking to deposit a sum of Rs.1lakh, due to his ill health, he had spent a sum of Rs.50,000/- and therefore, he is ready to deposit a sum of Rs.50,000/- .

5. Taking into consideration the facts and the circumstances of the case and taking note of the fact that now the petitioner is ready to deposit a sum of Rs.50,000/- to the credit of Crime No.136 of 2022, this Court is inclined to modify the condition. Thereby, the amount imposed on the petitioner in Crl.O.P.No.14329 of 2023 to deposit a sum of Rs.1 lakh to the credit of Crime No.136 of 2022 is modified to Rs.50,000/-. The amount shall be deposited within a period of two weeks from the date of receipt of copy of this order. Failing which, the order of granting anticipatory bail shall stands automatically dismissed.

6. Accordingly, the Criminal Miscellaneous Petition is ordered. 01.11.2023 ham

A.D.JAGADISH CHANDIRA, J.

ham Crl.M.P.No.17392 of 2023 in Crl.O.P.No.14329 of 2023 01.11.2023