Madras High CourtCRL MP/11570/2021allowed

N.Senthilan (A-1) v. The State Rep By

2021-11-26Honourable Mr Justice Sathi Kumar Sukumara Kurup3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2021

CORAM:

THE HON'BLE MR. JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.M.P.No.11570 of 2021 in Crl.O.P.No.19505 of 2021 1.N.Senthilan ... Petitioners/Accused 2.R.Selvakumar Vs.

The State Represented by its

...Respondent

The Inspector of Police, DCB Police Station, SP Office, Thiruvarur District.

Crime No.5 of 2020.

PRAYER: Criminal Miscellaneous petition has been filed under Section 482 of Cr.P.C., praying to modify the condition imposed in Para Number 6 (a) and (c) of the order passed in Crl.O.P.No.19505 of 2021. dated 12.10.2021.

For Petitioners : Mr.M.Muruganantham For Respondent : Mr.V.Meganathan Government Advocate (Crl. Side)

ORDER

This is a petition filed by the petitioners in Crl.O.P.No.19505 of 2021 seeking to modify the condition imposed while granting Anticipatory Bail.

2.Mr.M.Muruganantham, learned counsel for the Petitioners/Accused submits that immediately after receiving the certified copy, he had filed the petition seeking modification. 3.On perusal of this petition, it is found that it had been filed only on 02.11.2021.

4.It is the contention of the learned counsel for the Petitioners/Accused that after granting the Order of Anticipatory Bail, the Petitioners had been transferred to different places concerning Local body Election Phase-II. Therefore, they were unable to comply with the orders regarding appearance before the respondent police as per the order in Crl.O.P.No.19505 of 2021, dated 12.10.2021.

5.Now, the learned Counsel for the Petitioners submits that the first petitioner N.Senthilan is now posted at Unjalur Town Panchayat Office, Kodumudi Taluk, Erode District. Therefore, he seeks to appear before the Inspector of Police, Kodumudi Police Station for his appearance. Further, the condition that was imposed regarding deposit of Rs.5,00,000/- (Rupees Five Lakhs only) was imposed based on the oral submission of the learned counsel for the petitioners. 6.It is the contention of the learned counsel for the Petitioners/Accused that he had undertaken to deposit Rs.5,00,000/- (Rupees Five Lakhs only) for both the Petitioners in Crl.O.P.No.19505 of 2021, but the condition was imposed in such a manner that each of them shall deposit Rs.5,00,000/-.

Therefore, the said condition was imposed on both the petitioners to be modified in such manner both Petitioners viz., N.Senthilan and R.Selvakumar are jointly to deposit Rs.5,00,000/- in Cr.No.5 of 2020 on the file of the learned Judicial Magistrate, Thiruvarur. The second petitioner R.Selvakumar had been subsequently transferred to Ponnamaravathy Town Panchayat. Therefore, he seeks to appear before the Inspector of Police, Ponnamaravathy Police Station, Pudukkotai District. 7.There is no objection regarding the above condition by the Prosecution.

8.Considering the status of the Petitioners that they are Government Servants, the request of the learned counsel for the Petitioners is allowed. Accordingly, the conditions imposed in Crl.O.P.No.19505 of 2021 in (a) and (c ) only are modified as follows:

(a) Both the petitioners viz., N.Senthilan and R.Selvakumar are jointly to deposit Rs.5,00,000/- (Rupees Five Lakhs only) in Cr.No.5 of 2020 on the file of the learned Judicial Magistrate, Thiruvarur.

(c ) The first petitioner is directed to appear before the Inspector of Police, Kodumudi Police Station, Erode District and the second petitioner is directed to appear before the Inspector of Police, Ponnamaravathy Police Station, Pudukkotai District daily at 10.00 a.m., until further orders.

-sd/- 26/11/2021 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 JUDICIAL MAGISTRATE, THIRUVARUR.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, DCB POLICE STATION, SP OFFICE, TIRUVARUR DISTRICT 5 THE UNJALUR TOWN PANCHAYAT OFFICER, KODUMUDI TALUK, ERODE DISTRICT.

6 THE INSPECTOR OF POLICE, POONAMARAVATHY POLICE STATION, PUDUKKOTAI DISTRICT.

7 THE INSPECTOR OF POLICE, KODUMUDI POLICE STATION, ERODE DISTRICT.

C.C. to M/S M.MURUGANANTHAM Advocate on payment of necessary charges +1 CC to M/S.T.ELUMALAI, Advocate on payment of necessary charges SR.NO.13542 Order in CRL MP.11570/2021 in CRL OP.19505/2021 Date :26/11/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-26/11/2021