Madras High CourtCRL MP/13934/2022dismissed

Gowtham v. State Rep By

2022-09-12Honourable Mr Justice M. Nirmal Kumar2 pages

Crl.M.P.No.13934 of 2022 in Crl.O.P.No.12781 of 2022 Crl.M.P.No.13934 of 2022 in Crl.O.P.No.12781 of 2022 M. NIRMAL KUMAR, J.

This miscellaneous petition is filed seeking to modify the condition imposed by this Court on 27.05.2022 in the above Criminal Original Petition that the petitioner shall pay a sum of Rs.75,000/- in favour of All Children Trust, No.22, Ramalingapuram, Sri Kannapiran Mill Opposite, Sowripalayam Road, Coimbatore,Tamil Nadu.

2. The learned counsel for the petitioner requested to reduce the amount of Rs.75,000/-. This Court is not inclined to consider the same.

3. Learned counsel further submitted that one other obstacle is that in the copy of the order dated 27.05.2022, offence under Section 285 of I.P.C. was not included. Hence, requested to issue amended order copy including Section 285 of I.P.C.

4. Learned Government Advocate (Crl. Side) appearing for the respondent-Police submitted that on 10.09.2022, the Investigating Officer had made a request to the learned Judicial Magistrate No.II, Salem seeking to arrest https://www.mhc.tn.gov.in/judis Page 1/2

Crl.M.P.No.13934 of 2022 in Crl.O.P.No.12781 of 2022 M. NIRMAL KUMAR, J.

rsi the petitioner/accused, since he has not complied with the conditions imposed by this Court.

5. This Court finds that originally petition was dismissed with the observation that the request of the Investigating Officer, dated 10.09.2022 to be kept in abeyance not to act upon for a period of two weeks and the time for executing sureties was extended till 27.09.2022.

6. Considering the facts and circumstances of the case and also the submission made by the learned Government Advocate, this Criminal Miscellaneous Petition is dismissed.

12.09.2022 (1/2) rsi Note:

(i) The Registry is directed to include Section 285 of I.P.C. in the first paragraph of the order dated 27.05.2022 and issue amended order copy to the petitioner.

(ii)Issue order copy on 12.09.2022.

Crl.M.P.No.13934 of 2022 in Crl.O.P.No.12781 of 2022 https://www.mhc.tn.gov.in/judis Page 2/2