Sanjeeveerayan, Aged 67 Years, v. State By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.11.2016 C O R A M THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.24413 of 2016 Sanjeeveerayan

...Petitioner/sole Accused

Vs.

State by the Station House Officer, Vikravandi Police Station, Villupuram District.

... Respondent/Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C to modify the condition imposed by the Hon'ble Sessions Judge, Villupuram in Crl.MP.No.5421 of 2016 dated 26.10.2016 while granting bail to the petitioner in relating to the case registered as Crime No.728 of 2016 on the file of the respondent.

For Petitioner : Mr.C.Munusamy For Respondent : Mr.C. Emalias Addl. Public Prosecutor

O R D E R

This criminal original petition has been filed to modify the condition dated 26.10.2016 imposed by the Sessions Judge, Villupuram in Crl.MP.No.5421 of 2016, while granting bail to the petitioner in relating to the case registered as Crime No.728 of 2016 on the file of the respondent.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. It is seen that this petitioner was granted bail by the Principal Sessions Judge, Villupuram in Crl.MP.No.5421 of 2016 on 26.10.2016 on certain conditions, one of which, is that he should deposit a sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) (Rs.25,000/- for each children) before the

Judicial Magistrate No.2, Villupuram. Challenging the said condition, the petitioner is before this Court.

4. Learned counsel appearing for the petitioner submitted that the petitioner is a very poor person and does not have any means to make the payment. He also submitted that he is in no way connected with the deepening of the pond.

5. Per contra, learned Additional Public Prosecutor submitted that the petitioner is the Contractor, who has taken the contract for deepening of pond and he produced certain materials before this Court.

6. Taking into consideration the facts and circumstances of the case, this Court modifies the condition to the effect that the amount is reduced to Rs.45,000/- (Rs.15,000/- for each child) instead of Rs.75,000/-, and on such deposit, the legal heirs of the deceased children are entitled to receive the compensation amount as directed by the Principal Sessions Court. Rest of the conditions imposed by the Principal Sessions Court shall remain the same.

With the above modification, this petition is ordered. -s/dAssistant Registrar True Copy Sub-Assistant Registrar To

1. The Principal Sessions Judge, Villupuram.

2. The Judicial Magistrate No.2, Villupuram.

3. The Station House Officer, Vikravandi Police Station, Villupuram District.

4. The Public Prosecutor, High Court, Madras. +1 cc to Mr.C.Munusamy Advocate sr 65260 Crl.O.P.No.24413 of 2016 msm(co) aa14/11/2016