Dani @ Anthony v. The State Rep By
Crl.M.P. No.12807 of 2024 in Crl.O.P. No.18640 of 2024 P. DHANABAL, J.
The petition has been filed to modify the condition imposed in Para.5(b) in Crl.O.P.No.18640 of 2024 dated 02.08.2024 that the petitioner is directed to deposit a sum of Rs.10,000/- to the credit of Crime No.233 of 2024 without prejudice to his defence, before the satisfaction Court at the time of furnishing the sureties and on such deposit, the defacto-complainant is directed to withdraw the same on filing undertaking affidavit and on proper identification and acknowledgement.
2. The learned Counsel for the petitioner would submit that the petitioner is hailing from poor family, he is unable to deposit a sum of Rs.10,000/- to the credit of Crime No.233 of 2024.
3. The learned Government Advocate (Crl.Side) would submit that already this Court has imposed condition to deposit a sum of Rs.10,000/-, but the petitioner has not complied the condition and now filed this petition, thereby he strongly opposed to relax the conditions.
4. Considering the representation made by both side counsels and the fact that the petitioner is hailing from poor family and the condition to deposit Rs.10,000/- to credit of Crime No.233 of 2024 is onerous, this Court is inclined to relax only the condition 5(b) imposed on the petitioner, other conditions are shall remain unaltered.
5. Accordingly, this Criminal Miscellaneous petition is ordered. 20.09.2024 gvn https://www.mhc.tn.gov.in/judis
P.DHANABAL, J.
gvn Crl.M.P. No.12807 of 2024 in Crl.O.P. No.18640 of 20.09.2024 https://www.mhc.tn.gov.in/judis