Madras High CourtCRL OP/27196/2016disposed of

Mari, Aged 45 Years, v. State Rep. By,

2016-12-23Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.12.2016

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.27196 of 2016 Mari ... Petitioner Vs The State, rep by The Inspector of Police, PEW, Dharmapuri Town Police Station, Dharmapuri District.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to modify the condition of the deposit of Rs.1,00,000/- into the Court to the satisfaction of the learned Judicial Magistrate, Pennagaram, dated 16.12.2016 imposed by the learned Principal Sessions Judge, Dharmapuri, in Cr.M.P.No.2002 of 2016 in Crime No.1079 of 2016 on the file of the respondent herein. For Petitioner :

Mr.V.Sakkarapani For respondent :

Mr.C.Emalias, Addl. Public Prosecutor

ORDER

The present criminal original petition has been filed to modify the condition dated 16.12.2016 imposed by the learned Principal Sessions Judge, Dharmapuri, in Cr.M.P.No.2002 of 2016 in Crime No.1079 of 2016.

2. It is the case of the petitioner that the respondent police registered a case against her in Crime No.1079 of 2016 for the offence under Section 4(1)(a) r/w 4(1-A) and Section 24 of TNP Act, pursuant to which, she was arrested on 6.12.2016. Hence, she moved an application for bail before the learned Principal Sessions Judge, Dharmapuri, in Cr.M.P.No.2002 of 2016 and the learned Judge, by order dated 16.12.2016, granted bail to the petitioner on certain conditions. One of the said conditions is that she shall deposit a sum of Rs.1,00,000/- into the Court to the satisfaction of the learned Judicial https://hcservices.ecourts.gov.in/hcservices/

Magistrate, Pennagaram. Since the petitioner is very poor, she is not in a position to deposit a sum of Rs.1,00,000/- and hence, she seeks to reduce the said amount.

3. Learned Additional Public Prosecutor has no serious objection to modify the said condition imposed on the petitioner.

4. Considering the facts and circumstances of the case, this Court is inclined to modify the said condition imposed by the learned Principal Sessions Judge, Dharmapuri, in Cr.M.P.No.2002 of 2016 dated 16.12.2016. Accordingly, instead of a sum of Rs.1,00,000/-, the petitioner is directed to deposit a sum of Rs.25,000/- (Rupees twenty five thousand only) into the Court to the satisfaction of the learned Judicial Magistrate, Pennagaram. The other conditions shall remain unaltered.

The criminal original petition is ordered accordingly.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sbi To 1.The Principal District and Sessions Judge, Dharmapuri.

2.The Inspector of Police, PEW, Dharmapuri Town Police Station, Dharmapuri District.

3.The Public Prosecutor, High Court, Madras.

4. The Judicial Magistrate, Pennagaram

5. 'Do Thro' The Chief Judicial Magistrate, Dharmapuri +1cc to Mr.V.Sakkarapani, Advocate, S.R.No.75933 Crl.O.P.No.27196 of 2016 KK(CO) CS(23/12/2016) https://hcservices.ecourts.gov.in/hcservices/