Rajasekar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Seventeenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL MISCELLANEOUS PETITION No.13641 of 2021 IN CRL OP.15913 of 2021 1 RAJASEKAR [ PETITIONERS ] 2 JOTHILINGAM 3 RAMADOSS 4 THANGAM 5 ARUNKUMAR 6 AMSAYAL @ AMSAYA Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KADAMPALIYUR POLICE STATION, CUDDALORE DISTRICT (CRIME NO.521 OF 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 order para No.6 the petitioner shall deposit a sum of Rs.2,00,000/- in the credit number Crime no.

521/2021 on the ffile of the respondent without prejudice before the trial and on deposit on made and on such deposit the petitioner is order 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.MUTHAMIZHSELVAKUMAR, Advocate for the Petitioners 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 petitioners by this Court in Crl.O.P.No.15913 of 2021, dated 14.09.2021.

2.This Court vide order dated 14.09.2021, granted anticipatory bail to the petitioners on condition that the petitioners shall pay a sum of Rs.2,00,000/- (Rupees One Lakh Only) to the credit of Cr.No.521 of 2021 on the file of the respondent police.

3. Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioners submitted that the petitioners is unable to comply the condition in clause (b) of para 6 in order dated 14.09.2021. Hence, the present modification petition is filed by the petitioners to modify the conditions imposed on the petitioners terming the same to be onerous.

4. This Court had granted anticipatory bail to the petitioners, as the petitioners on their own volition were ready to deposit the above said amount to the credit of the Cr.No.521 of 2021. Therefore, the petitioners 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/- 17/12/2021 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, PANRUTTI.

2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE [FOR INFORMATION].

3 THE INSPECTOR OF POLICE, KADAMPALIYUR POLICE STATION, CUDDALORE DISTRICT

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

C.C. to M/S P.MUTHAMIZHSELVAKUMAR Advocate on payment of necessary charges Order in CRL MP.13641/2021 in CRL OP.15913/2021 Date :17/12/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format JPA 28/12/2021