Gajendran v. The State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Ninth day of December Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL MISCELLANEOUS PETITION No.13070 of 2021 IN CRL.O.P.No.20596 of 2021 GAJENDRAN [ PETITIONER / 2nd PETITIONER / A8 ] Vs THE STATE BY [ RESPONDENT / COMPLAINANT ] THE INSPECTOR OF POLICE, MINJUR POLICE STATION, (CRIME NO.635 OF 2021) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order to modify the condition passed in Crl.O.P.No.20596 of 2021 dated 01.11.2021 as that the 2nd Petitioner shall make a nonrefundable deposit of Rs.1,50,000 to the Credit of the Chief Educational Office, Thiruvallur District.

Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.P.UDHAYAKUMAR, Advocate for the Petitioner and of MR.S.BALAJI, Govt. Advocate (Crl. Side) on behalf of the Respondent the court made the following order:- This petition is filed to modify the condition imposed on the petitioner by this Court in Crl.O.P.No.20596 of 2021, dated 01.11.2021.

2.This Court vide order dated 01.11.2021, granted bail to the petitioner on condition that the petitioner shall deposit a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) as non-refundable deposit to the credit of the Chief Educational Office, Thiruvallur District on the file of the respondent police before the learned Judicial Magistrate-II, Ponneri.

3. Today, when the matter is taken up for hearing, the learned counsel for the petitioner submitted that the petitioner is a driver, who runs his life with daily income and he cannot afford to make such huge amount as non-refundable deposit. Therefore he is unable to deposit the amount as imposed on the petitioner by this Court. Hence, the learned counsel prays to modify the condition. 4.In view of the backdrop, the earlier condition imposed by this Court is on the basis of the petitioner's representation. Now, this modification petition has filed on the different ground, which is not permissible. Hence, this petition for modification of the condition imposed by this Court dated 01.11.2021 in Crl.OP.No.20596 of 2021 does not be acceded to and accordingly, this miscellaneous petition is dismissed. However, time is extended for a period of two weeks for complying with the conditions.

-sd/- 09/12/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.II, PONNERI.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION].

3 THE INSPECTOR OF POLICE, MINJUR POLICE STATION, 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE CHIEF EDUCATIONAL OFFICER, THIRUVALLUR DISTRICT.

6 GOVERNMENT HIGHER SECONDARY SCHOOL, MAAATUR, DIVISION-19, MADHAVARAM, C.C. to M/S.P.UDHAYAKUMAR Advocate on payment of necessary charges Order in CRL MP.13070/2021 in CRL OP.20596/2021 Date :09/12/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format JPA 21/12/2021