Sivakumar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fourteenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL MISCELLANEOUS PETITION No.13380 of 2021 IN CRL OP.20183/2021 SIVAKUMAR [ PETITIONER ] Vs THE STATE REP BY [ RESPONDENT ] SUB-INSPECTOR OF POLICE, GANGAVALLI POLICE STATION, GENGAVALLI, SALEM DISTRICT.

CRIME NO.232/2021 Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to modify the condition imposed in Column 'a' of the order in the above Crl.O.P.No.20183 of 2021 dated 28/10/2021.

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.SARATH KUMAR, Advocate for the Petitioner and of M/S. 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.20183 of 2021, dated 28.10.2021.

2. This Court vide order dated 28.10.2021, granted anticipatory bail to the petitioner on condition that the petitioner shall pay a sum of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand Only) to the credit of Cr.No.232 of 2021 on the file of the respondent police before the learned Judicial Magistrate, No.I, Attur within a period of two weeks from the date of receipt of a copy of this order.

3. Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner submitted that the petitioner is unable to comply the condition in clause (a) of para 6 in order dated 28.10.2021. Hence, the present modification petition is filed by the petitioner to modify the conditions imposed on the petitioner terming the same to be onerous.

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4. This Court had granted anticipatory bail to the petitioner, as the petitioner on his own volition was ready to deposit the above said amount to the credit of the Cr.No.232 of 2021. Therefore, the petitioner cannot now claim that the said condition is onerous and seeking modification of the above condition is impermissible. Hence, the present petition seeking modification stands dismissed.

-sd/- 14/12/2021 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.I, ATTUR.

2 THE CHIEF JUDICIAL MAGISTRATE SALEM [FOR INFORMATION] 3 THE SUB INSPECTOR OF POLICE, GANGAVALLI POLICE STATION, GENGAVALLI, SALEM DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

C.C. to M/S.SARATH KUMAR Advocate on payment of necessary charges Order in CRL MP.13380/2021 in CRL OP.20183/2021 Date :14/12/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format cs 22/12/2021 https://hcservices.ecourts.gov.in/hcservices/