A.R.Prakash v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Nineteenth day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL MISCELLANEOUS PETITION Nos.11784 & 11786 of 2021 IN CRL OP.19195 of 2021 A.R.PRAKASH [ PETITIONER/ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, PERUNDURAI POLICE STATION, CRIME NO. 610/2021 Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to (i) Modify the Para6(b) of order dated 08.10.2021 made in Crl.O.P.No.19195 of 2021.[IN CRL.M.P.No.11784/2021] (ii) extent the time limit fixed in the Para6(a) of order dated 08.10.2021 made in Crl.O.P.No.19195 of 2021.[IN CRL.M.P.No.

11786/2021] Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.S.KOUSIK, Advocate for the Petitioner and of M/S.S.SUGENDRAN, Government Advocate (Crl.Side) on behalf of the Respondent the court made the following order:- This petition is filed to modify the condition imposed on the petitioner by this Court in Crl.O.P.No.19195 of 2021, dated 08.10.2021.

2.This Court vide order dated 08.10.2021, granted anticipatory bail to the petitioner on condition in para 6(a) and para 6(b) of the order to the effect, that the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, the order shall stand automatically

canceled and that the petitioner shall make a non-refundable deposit of Rs.75,000/- (Rupees Seventy Five Thousand Only) to the credit of the Chief Educational Officer, Erode District, respectively and he has acceded to abide both the conditions without prejudice to his rights and contentions in the case before the concerned learned Judicial Magistrate.

3. Today, when the matter is taken up for hearing, the learned counsel for the petitioner submitted that this Court has imposed the condition for payment of Rs.75,000/- however, the same is onerous and the petitioner is unable to pay the amount as no pending cases are pending against him, the said condition may be modified and with respect to para 6(a), time to surrender may be extended.

4. This Court had granted anticipatory bail to the petitioner, only on the ground that in spite of five previous cases against him, and since the petitioner on his own volition accepted to pay the above amount. Therefore, the petitioner cannot come before this Court now and seek modification claiming that the above condition is onerous, which is impermissible. Hence, the modification towards payment sought for in Crl.M.P.No.11784 of 2021 is dismissed. However, time is extended by a further period of two weeks from the date of receipt of copy of this order to the petitioner to surrender before the concerned Magistrate and the petitioner is ordered accordingly as above in Crl.M.P.No.11786 of 2021.

-sd/- 19/11/2021 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, PERUNDURAI, ERODE DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE ERODE DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, PERUNDURAI POLICE STATION,

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE CHIEF EDUCATIONAL OFFICER, +2 C.C. to M/S.S.KOUSIK Advocate on payment of necessary charges SR.NO.13311 & 13310 Order in CRL MP.Nos.11784 & 11786/2021 in CRL OP.19195/2021 Date :19/11/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RW 02/12/2021