Madras High CourtCRL OP/3151/2016dismissed

A.Asarudheen v. The State Rep. By

2016-02-12Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.3151 of 2016 A.Asarudheen .. Petitioner Vs.

The State represented by Inspector of Police, Karmadai Police Station, Coimbatore District.

(Crime No.15 of 2016) .. Respondent Prayer:- Petition has been filed under Section 482 of Cr.P.C. to modify the condition of the 1st Additional District and Sessions Judge (i/c), (Principal District and Sessions Judge) of Coimbatore, order made in Crl.M.P.No.260 of 2016, dated 29.01.2016 "the petitioner shall deposit a sum of Rs.25,000/- credit to the same in Crime No.15 of 2016 of Karamadai P.S. to the satisfaction of the Judicial Magistrate, Mettupalayam. For Petitioner : Mr.W.Camyles Gandhi For Respondent : Mr.C.Emalias Addl. Public Prosecutor

O R D E R

The petitioner has come forward with this petition for modification of the condition imposed on the petitioner in Crl.M.P.No.260 of 2016, dated 29.01.2016 on the file of the1st Additional District and Sessions Judge (i/c), (Principal District and Sessions Judge) of Coimbatore, 2.Learned counsel for the petitioner submits that the petitioner who was arrayed as Accused was enlarged on anticipatory bail by the the learned 1st Additional District and Sessions Judge (i/c), (Principal District and Sessions Judge) of Coimbatore, in Crl.M.P.No.260 of 2016 on condition that the petitioner shall deposit a sum of Rs.25,000/- and credit the same in Cr.No.15 of 2016 of Karamadai Police Station to the satisfaction of the Judicial Magistrate, Mettupalayam. He further submitted that the petitioner has nothing to do with the https://hcservices.ecourts.gov.in/hcservices/

commission of offence. Hence, he pray for modification of the condition imposed on the petitioner.

3.At this juncture, the learned Additional Public Prosecutor would submit that the petitioner along with his friends have caused damage to the tune of Rs.2,00,000/- and on that basis only, the Trial Court has ordered to deposit the said amount. Hence, he pray for dismissal of the petition. 4.Considering the rival submissions made by both sides that the petitioner who was arrayed as A8 along with 7 others have assaulted the de-facto complainant and caused damage to the camera worth Rs.2,00,000/- and on that basis only, the Trial Court has imposed the said condition. So, I do not find any reason to modify the condition imposed by the Trial Court. Hence, the Criminal Original Petition deserves to be dismissed. 5.In the result, the Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar cse To 1.The 1st Additional District and Sessions Judge (i/c), (Principal District and Sessions Judge) of Coimbatore.

2. -do- Through The Principal District and Sessions Judge, Coimbatore.

3.The Judicial Magistrate, Mettupalayam.

4.-do- Thor The Chief Judicial Magistrate, Coimbatore 5.The Inspector of Police, Karmadai Police Station, Coimbatore District.

6. The Public Prosecutor, High Court, Chennai.

Crl.O.P.No.3151 of 2016 AK(CO) EU 25.02.16 https://hcservices.ecourts.gov.in/hcservices/