Madras High CourtCRL MP/13987/2023modified

P.J.Rassul v. The Inspector Of Police

2023-09-05Honourable Mrs Justice R. Hemalatha3 pages

Crl.M.P.No.13987 of 2023 in Crl.R.C.No.1264 of 2023 R.HEMALATHA, J.

The present petition is filed seeking modification of the first condition imposed in paragraph No.7 (i) of order dated 26.07.2023 passed in Crl.M.P.No.10083 of 2023 in Crl.R.C.No.1264 of 2023 wherein this Court had directed the revision petitioner to deposit a sum of Rs.5 lakhs to the credit of C.C.No.202/2012 before the learned Judicial Magistrate, Alandur, within a period of one month from the date of receipt of a copy of the order.

2. The learned counsel for the petitioner contended that the petitioner is unable to pay a sum of Rs.5 lakhs as directed by this Court since he has become bankrupt.

3. Per contra, Mr.R.Vinothraja, learned Government Advocate (Crl. side) contended that the trial Court sentenced the accused to undergo Rigorous Imprisonment for a period of nine months apart from paying a sum of Rs.9,28,625/- as compensation to the victims.

4. A perusal of the orders passed by this Court in 1/3

Crl.M.P.No.10083 of 2023 in Crl.R.C.No.1264 of 2023 on 26.07.2023 shows that the counsel for the petitioner on instructions, represented that the petitioner is ready to pay a sum of Rs.5 lakhs before the trial Court within one month and prayed for suspending the sentence imposed on the petitioner. This Court thereafter directed the petitioner to deposit a sum of Rs.5 lakhs to the credit of C.C.No.202 of 2012. However, now it is stated that the petitioner is unable to mobilize a sum of Rs.5 lakhs. Therefore, the counsel prayed for reducing the amount from Rs.5,00,000/- to Rs.3,00,000/-.

5. Considering the submissions made by the counsel for the petitioner, this petition is allowed, reducing the amount of Rs.5 lakhs to Rs.3 lakhs. Accordingly, the petitioner is directed to deposit a sum of Rs.3,00,000/- (Rupees three lakhs only) to the credit of C.C.No.202 of 2012 before the learned Judicial Magistrate, Alandur within a period of two weeks from the date of receipt of a copy of this order. Other conditions shall remain intact.

05.09.2023 vum R.HEMALATHA, J.

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vum Crl.M.P.No.13987 of 2023 in Crl.R.C.No.1264 of 2023 05.09.2023 3/3