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Madras High CourtCRL MP/13565/2021dismissed

E.C.Romeo Christy v. State Rep.By

2021-12-16Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Sixteenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL MISCELLANEOUS PETITION No.13565 of 2021 IN CRL OP.19898/2021 1 E.C.ROMEO CHRISTY [ PETITIONERS/ACCUSED ] 2 R.USHA RANI Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, NANDHAMPAKKAM POLICE STATION, CHENNAI DISTRICT.

(CR.NO.208 OF 2021) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to modify condition imposed in para 7(a) Petitioners Deposit a sum of Rs.2,13,000/- (Two Lakhs and Thirteen Thousand) the order dated 26.10.2021 made in Crl.OP. No. 19898 of 2021, by this Hon`ble Court, enabling the Petitioner to comply with the order and to pass such further or other orders as may deem fit and proper in the circumstances of the case and thus render justice. 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.CHANDRASEKAR, 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.19898 of 2021, dated 26.10.2021.

2.While granting anticipatory bail petition, the petitioner, on his own volition, submitted that without prejudice to his defence and contentions, is willing to contribute a sum of Rs.2,13,000/- (Rupees Two lakhs thirteen thousand only) to the credit of the crime number. This Court, vide order dated 26.10.2021, granted anticipatory bail to the petitioner on condition that the petitioner shall deposit a sum

of Rs.2,13,000/- (Rupees Two lakhs thirteen thousand only) to the credit of the said crime number within a period of two weeks.

3. Today, when the matter is taken up for hearing, the learned counsel for the petitioner submitted that the petitioner is a daily wages worker and he is the only breadwinner of his family. 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 instructions. 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 06.10.2021 in Crl.OP.No.19898 of 2021 does not acceptance and accordingly, this miscellaneous petition is dismissed. However, time extended finally for two weeks for complying with the conditions imposed on the petitioner and further time will not be granted by this Court.

-sd/- 16/12/2021 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-I, ALANDUR.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, NANDHAMPAKKAM POLICE STATION, CHENNAI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

C.C. to M/S. P.CHANDRASEKAR Advocate on payment of necessary charges Order in CRL MP.13565/2021 in CRL OP.19898/2021 Date :16/12/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format CSK 30/12/2021