Mani @ Manikandan v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.09.2019

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDRA Crl.O.P.No.24052 of 2019 1.Mani @ Manikandan 2.Veera @ Veeramani ... Petitioners/ Accused (4-5) Vs State by Inspector of Police, Pallavaram Police Station, Chennai.

(Crime No.287/2019) ... Respondent/ Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to modify the condition imposed by learned Principal Sessions Judge of Kancheepuram, at Chengalpattu, directing "petitioners/accused are directed to pay a sum of Rs.50,000/- each to the victim through the respondent and on such payment the petitioners/accused are ordered to be released on bail"

passed in Crl.M.P.No.3799/2019 in Crime No.287/2019 dated 01.08.2019. For Petitioners : Mr.A.P.Sathyamurthy For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

The criminal original petition is filed by the petitioners/ Accused No.4 and 5, seeking to modify the condition imposed by learned Principal Sessions Judge of Kancheepuram, at Chengalpattu, directing "petitioners/accused are directed to pay a sum of Rs.50,000/- each to the victim through the respondent and on such payment the petitioners/accused are ordered to be released on bail" passed in Crl.M.P.No.3799/2019 in Crime No.287/2019 dated 01.08.2019.

2.The learned counsel for the petitioner would submit that the petitioners are poor and that they are unable to comply with the condition imposed and despite the order being passed on 01.08.2019 they are unable to come out on https://hcservices.ecourts.gov.in/hcservices/

bail. He would further submit that a similar condition was imposed in respect of a co-accused and that the co-accused had approached this Court by filing Crl.OP.NO. 22350/2019 and this Court by an order dated 21.08.2019 had modified the condition and directed the co-accused to pay a sum of Rs.1,500/- to the Clerk Association. He would submit that the petitioners are similarly placed and would seek for modification of condition.

3.Taking into consideration, the condition imposed by the Principal Sessions Judge, Kancheepuram at Chengalpattu in Crl.MP.No.3799/2019 in Cr.NO.287/2019 dated 01.08.2019, directing the petitioner to pay a sum of Rs.50,000/- each to the victim through the respondent is modified to the effect that the petitioners shall pay a sum of Rs.1,500/- [ Rupees One thousand and Five Hundred only] to the Legal Services Authority attached to the District Court at Kancheepuram. All other conditions remain unaltered.

4. This Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar hvk/jrs To 1.The Principal Sessions Judge of Kancheepuram, Chengalpattu.

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

3.The Secretary, Legal Services Authority, attached to the District Court,Kancheepuram.

4. The Public Prosecutor, High Court, Madras +1cc to Mr.A.P.Sathyamurthy , Advocate SR.No. 76698 Crl.O.P.No.24052 of 2019 A.SK(05/09/2019) https://hcservices.ecourts.gov.in/hcservices/