Mahendiran, Aged 27 Years v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.11.2016
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.24808 of 2016 1.Mahendiran 2.Marudhapandi 3.Thangadurai 4.Ranjith 5.Stalin 6.Vinoth .. Petitioners/Accused Vs.
State rep by The Inspector of Police, Mahendiramangalam Police Station, Dharmapuri District.
Crime No.162 of 2016 .. Respondent Prayer : Criminal Original Petition filed under Section 439(1) (b) of the Code of Criminal Procedure praying to modify the condition ordered to the petitioners to deposit Rs.10,000/- each to the Court of learned Sessions Judge, Dharmapuri in Crl.MP.No.1820 of 2016 dated 04.11.2016 in Crime No.162 of 2016 on the file of the respondent.
For Petitioners : Mr.P.M.Jayachandran For Respondent : Mr.C.Emalias Additional Public Prosecutor
O R D E R
This Criminal Original Petition has been filed praying to modify the condition imposed in Crl.MP.No.1820 of 2016 dated 04.11.2016 in Crime No.162 of 2016 on the file of the Principal Sessions Judge, Dharmapuri.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police.
3. It is seen that these petitioners have been granted anticipatory bail in Crl.MP.No.1820 of 2016 on 04.11.2016 for
the offences under Section 147, 148, 447, 294(b), 323, 324, 506 (ii) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act 2002 on condition that each of the petitioners should deposit a sum of Rs.10,000/- each along with two sureties to the satisfaction of the Judicial Magistrate, Palacode.
4. The learned counsel for the petitioners submitted that the petitioners are not able to comply with the condition imposed by the trial Court and hence they are before this Court for modification of conditions imposed in Crl.MP.No.1820 of 2016 dated 04.11.2016.
5. In the considered opinion of this Court, the condition imposed by the Principal Sessions Court, Dharmapuri, calling upon the petitioners to deposit a certain sum of money in the Court cannot be said to be illegal. However, taking into consideration the nature of the allegations in the FIR, the deposit amount of Rs.10,000/- is reduced to Rs.5,000/- and on such deposit, the Judicial Magistrate, Palacode shall re-deposit the amount in a fixed deposit account in any Nationalised Bank, so that the amount carries interest, and the same can be disbursed at the end of the trial by the trial Court. Two weeks time is extended for furnishing the sureties from the date of receipt of a copy of this order. Rest of the conditions imposed by the trial Court remain the same.
6. With the above modifications and direction, this Criminal Original Petition is ordered.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To:
1.The Principal Sessions Judge, Dharmapuri.
2.The Judicial Magistrate, Palacode.
3.The Inspector of Police, Mahendiramangalam Police Station, Dharmapuri District.
4.The Public Prosecutor, High Court, Madras.
+1cc to Mr.P.M.Jayachandran, Advocate Sr.65136[16/11/2016] Crl. O.P. No.24808 of 2016 msm[co] srg 15/11/2016