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Madras High CourtCRL OP/22350/2019disposed of

Jasinthakumar v. The State Of Tamilnadu Rep.By

2019-08-21Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.22350 of 2019 Jesinthakumar .. Petitioner Vs.

The State of Tamilnadu rep. by Inspector of Police, Pallavaram Police Station Chennai.

.. Respondent PRAYER: Criminal Original petition has been filed under Sections 482 of the Code of Criminal Procedure, praying to modify the condition in Crl.M.P No.3628 of 2019 dated 01.08.2019 passed by the learned Principal Sessions Judge, Kancheepuram District at Chengalpattu insofar as the payment of Rs.50,000/- to the victim.

For Petitioner :Mr. S.N.Subramani For Respondent :Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking for modification of the condition imposed by the Court below while granting bail to the petitioner.

2. The petitioner was arrested by the respondent police and remanded to judicial custody on 04.07.2019. The petitioner filed a bail petition before the Court below and the Court below, after considering the facts and circumstances was pleased to grant bail to the petitioner by imposing certain conditions.

3. The petitioner is aggrieved by the first condition imposed by the Court below wherein the petitioner has been directed to pay a sum of Rs.50,000/- to the victim.

4. The learned counsel for the petitioner submitted that the condition imposed by the Court below is onerous and such a condition is not warranted for the purpose of the present case. https://hcservices.ecourts.gov.in/hcservices/

The learned counsel further submitted that since the petitioner is not a position to comply with the said condition eventhough the bail was granted on 01.08.2019, till date, the petitioner is not able to come out on bail.

5.

Heard the learned Additional Public Prosecutor appearing on behalf of the respondent police.

6. Taking into consideration the facts and circumstances of the case, the condition imposed by the Court below directing the petitioner to deposit a sum of Rs.50,000/- is hereby modified and the petitioner is directed to deposit a sum of Rs.1,500/- to the Clerk Association. The other conditions imposed by the Court below shall stand as it is.

7. This Criminal Original Petition is disposed of, accordingly.

Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar uma To

1. The Inspector of Police, Pallavaram Police Station Chennai.

2.The Public Prosecutor, High Court of Madras.

+1cc to Mr.S.N.Subramani, Advocate, S.R.No. 71131 Crl.O.P.No.22350 of 2019 RSV(CO) GN(21/08/2019) https://hcservices.ecourts.gov.in/hcservices/