Arumugam, Aged 40 Years, v. State Rep. By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17. 11.2016 C O R A M THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.25035 of 2016 Arumugam ... Petitioner Vs.
State, represented by The Inspector of Police Kottappatti Police Station, Dharmapuri District.
... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C to modify the conditions imposed on the petitioner made in CMP.No.1809 of 2016 dated 05.11.2016 on the file of the Principal Sessions Judge, Dharmapuri to the effect of waiving the condition to deposit Rs.2,00,000/- (Rupees two laksh only) to the satisfaction of Judicial Magistrate, Harur, Dharmapuri District.
For Petitioner : Mr.C.Prabakaran For Respondent : Mr.C.Emalias Additional Public Prosecutor
O R D E R
This criminal original petition has been filed to modify the conditions imposed on the petitioner made in CMP.No.1809 of 2016 dated 05.11.2016 on the file of the Principal Sessions Judge, Dharmapuri to the effect of waiving the condition to deposit Rs.2,00,000/- (Rupees two laksh only) to the satisfaction of Judicial Magistrate, Harur, Dharmapuri District.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the State.
3. It is seen that the petitioner was arrested in Crime No.167 of 2016 and thereafter, he was granted bail on 05.11.2016 by the Principal Sessions Judge in CMP.No.1809 of 2016 on https://hcservices.ecourts.gov.in/hcservices/
condition that he should deposit a sum of Rs.2,00,000/- (Rupees two lakhs only) before the Judicial Magistrate, Harur. Aggrieved by the said condition, the petitioner is before this Court.
4. The learned counsel for the petitioner submitted that the petitioner does not have any means to deposit the amount and that there is no previous case against the petitioner.
5. Taking into consideration the facts and circumstances, the aforesaid condition is modified to the effect that the deposit amount of Rs.2,00,000/- is reduced to Rs.25,000/-. On such deposit, the Judicial Magistrate, Harur is directed to redeposit the said sum in a Fixed Deposit in any Nationalised Bank, thereby the account will accrue interest and it is open to the trial Court to pass appropriate orders with regard to the disbursing of the amount at the end of the trial. Rest of the conditions imposed by the Principal Sessions Judge, Dharmapuri shall remain same.
With the above modification, this petition is ordered. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar mk To
1. The Inspector of Police Kottappatti Police Station, Dharmapuri District.
2. The Principal Sessions Judge, Dharmapuri.
3. The Judicial Magistrate, Harur.
4. The Public Prosecutor, High Court, Madras.
+1cc to Mr.C.Prabakaran, Advocate, S.R.No.66755 Crl.O.P.No.25035 of 2016 MV(CO) CA(18/11/2016) https://hcservices.ecourts.gov.in/hcservices/