Madras High CourtCRL OP/26963/2016ordered

Ramalingam Aged 74 Yrs v. The Inspector Of Police

2016-12-23Honourable Mr Justice R. Mahadevan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.12.2016

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Crl.O.P.No.26963 of 2016 Ramalingam [ Petitioner ] Vs State rep.by Inspector of Police, C-2 Race Course Police Station, Coimbatore City.

[Respondent] Petition filed under Section 482 of the Criminal Procedure Code, to modify the condition imposed by the Hon'ble District Magistrate No.3, Coimbatore in C.M.P.No.2752 of 2016 dated 11.07.2016 to deposit a sum of Rs.2,50,000/- before the Judicial Magistrate No.3, Coimbatore.

For Petitioner : Mr.M.Arun For Respondent : Mr.C.Emalias, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking modification of the condition imposed upon the petitioner in C.M.P.No.2752 of 2016 dated 11.07.2016 while granting bail, with regard to a property dispute. It is also seen that the petitioner had filed a petition before the Principal District and Sessions Judge, Coimbatore, in

C.M.P.No.2796 of 2016, seeking modification of the condition imposed upon the petitioner in C.M.P.No.2752 of 2016 dated 11.07.2016, and the same was dismissed.

2.The learned counsel for the petitioner submitted that the condition imposed by the Trial Court with regard to deposit of Rs.2,50,000/- shall alone be modified, as the petitioner is aged 74 years.

3.Mr.C.Emalias, learned Additional Public Prosecutor, takes notice for the respondent.

4.Considering the age of the petitioner and also the facts and circumstances of the case, the condition imposed by the learned Judicial Magistrate No.3, Coimbatore in C.M.P.No.2752 of 2016 dated 11.07.2016 with regard to deposit of the amount alone is modified to the effect that the petitioner shall deposit before the said Court, a sum of Rs.1,00,000/- (Rupees One Lakh Only) instead of Rs.2,50,000/-. The other conditions imposed by the learned trial Judge shall remain unaltered.

5.The Criminal Original Petition is disposed of accordingly. Index : Yes/No 23.12.2016 Internet : Yes/No KM

Note to the Registry: Issue order copy on 27.12.2016. To 1.The Inspector of Police, C-2 Race Course Police Station, Coimbatore City.

2.The Judicial Magistrate No.3, Coimbatore.

3.The Principal District and Sessions Judge, Coimbatore.

4.The Public Prosecutor, Madras High Court, Chennai-600 104.

R.MAHADEVAN, J.

KM Crl.O.P.No.26963 of 2016 23.12.2016