J.Prakash v. The State Rep By Its,

CRL. M.P. No.13871 of 2022 IN CRL. O.P. NO.14890 of 2022 M.DHANDAPANI, J.

The present petition has been filed to modify the condition imposed by this Court while granting anticipatory bail to the petitioner in Crl.O.P.No.14890 of 2022. The condition imposed by this Court in clause b of the order is as follows" the petitioner is directed to deposit a sum of Rs.4,00,000/- ( Rupees Four Lakhs only) by way of demand draft to the credit of Crime No.23 of 2021, before the learned Judicial Magistrate, Villupuram without prejudice to his defence before the trial Court within a period of six weeks from the date of receipt of a copy of this order and the learned Judicial Magistrate, after perusing the Demand Draft, shall accept the sureties furnished by the petitioner. Thereafter, the learned Judicial Magistrate is directed to disburse the amount to the defacto complainant on filing an appropriate undertaking affidavit before the trial Court if the petitioner succeeds in his case, the defacto complainant shall return the amount to the petitioner, which will be withdrawn by him.

2. The learned counsel for the petitioner submitted that the petitioner instead of depositing the amount before the Trial Court had directly paid amount to the defacto complainant.

3. Inspite of the direction by this Court to deposit the a amount of Rs.4,00,000/- by way of DD to the credit of Cr.No.23 before the learned Judicial Magistrate, Villupuram, the petitioner has paid by way of cash to the defacto complainant prior to the anticipatory bail cannot be the ground for modification. Hence the petitioner is granted a further period of four months from the date of receipt of a copy of this order to comply with the said condition,

4. Accordingly, the petition is ordered 20.10.2022 smn

M.DHANDAPANI, J.

smn CRL. M.P. No.13871 of 2022 IN CRL. O.P. NO.14890 of 2022 20.10.2022