S.Kavitha v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2021

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL.O.P.NO.22320 OF 2021 S.Kavitha, 41 years, W/o.Senthil Kumar ... Petitioner/ Accused .Vs.

The State Represented by, The Inspector of Police, Saravanampatti Police Station, ... Respondent/ Complainant Prayer:

Criminal Original Petition has been filed under Sections 439(1)(b) of the Code of Criminal Procedure, to modify the conditions imposed by the Learned Principal District and Session Judge, Coimbatore in Crl.M.P.No.3875 of 2021 dated 12.11.2021 by directing petitioner to execute bond for Rs.10,000/- and to furnish 2 sureties for like sum to the satisfaction Judicial Magistrate-II, Coimbatore.

For Petitioner : M/s. Ramesh Kumar Chopra For Respondent : Mr.N.S.Suganthan Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to modify the condition imposed by the learned Principal District and Session Judge, Coimbatore, in Crl.M.P.No.3875 of 2021 dated 12.11.2021.

2. The learned counsel for the petitioner submitted that the petitioner is not an accused and the lower Court, while granting

anticipatory bail to the petitioner, the trial Court imposed a condition that the petitioner was directed to deposit a sum of Rs.4,00,000/- to the credit of Crime No.991 of 2021 before the learned Judicial Magistrate-II, Coimbatore, and she shall execute a bond for Rs.10,000/- with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate No-II, Coimbatore, she shall report before the respondent police at 10.00 a.m., until further orders. However, she is unable to mobilize the funds to deposit the said amount and not able to execute the surety. Hence, the modification petition has been filed by the petitioner.

3. Heard the learned Government Advocate (Criminal Side) appearing for the respondent police.

4. Considering the facts and circumstances of the case, reason is justifiable, hence, this Court modifies the condition that the petitioner is directed to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) to the credit of Crime No.991 of 2021 before the learned Judicial Magistrate No-II, Coimbatore and the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the Court, within a period of eight weeks from the date of receipt of a copy of this order and the petitioner is directed to appear before the respondent police on every Wednesday at 10.30 a.m., until further orders. The other conditions imposed by the Court shall remain intact.

5. With the above modification, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar msrm To

1. The Principal District and Session Judge,

2. The Judicial Magistrate No.II,

3. The Inspector of Police, Saravanampatti Police Station,

4. The Public Prosecutor, Madras High Court.

Crl.O.P.No.22320 of 2021 AKII(CO) PM/26/11/2021