Madras High CourtCRL OP/21206/2023disposed of

Reshma @ Jeenath @ Jeenath Bi v. Inspector Of Police

2023-09-19Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Reshma @ Jeenath @ Jeenath D/o.Mohammed Yusuf ... Petitioner Vs.

The State represented by its The Inspector of Police, R1, Mambalam Police Station, Chennai.

Crime No.111 of 2023 ... Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to set aside the order passed by Principal District and Sessions Judge, Chennai, in Crl.M.P.No.22010 of 2023 dated 04.09.2023. For Petitioner : Mr.R.Tamilselvan For Respondent : Mr.A.Damodaran Additional Public Prosecutor *****

O R D E R

This Criminal Original Petition has been filed challenging the order passed by the Court below in Crl.M.P.No.22010 of 2023 dated 04.09.2023 seeking for modification of the condition imposed while 1/4

granting anticipatory bail to the petitioner in Crl.M.P.No.20644 of 2023.

2. Heard Mr.R.Tamilselvan, learned counsel for petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for respondent.

3. The petitioner apprehended arrest at the hands of the respondent police for the alleged offences u/s.406, 420, 468 and 471 IPC. The case of the prosecution is that the petitioner had promised to secure job and had received a sum of Rs.8,00,000/-.

4. When the anticipatory bail petition was considered by the Court below in Crl.M.P.No.20644 of 2023, the Court below, after considering the facts and circumstances of the case, granted anticipatory bail to the petitioner subject to certain conditions. One of the condition that was imposed by the Court below was that the petitioner should deposit a sum of Rs.3,00,000/- to the credit of Crime No.111 of 2023.

5. The petitioner was unable to comply with the above condition 2/4

and hence, filed Crl.M.P.No.22010 of 2023 seeking for modification. The Court below, by order dated 04.09.2023, dismissed the petition. Aggrieved by the same, the present petition has been filed before this Court.

6. Taking into consideration the facts and circumstances of the case, this Court is inclined to modify the condition imposed by the Court below and the petitioner is directed to deposit a sum of Rs.2,50,000/- [Rupees Two Lakhs and Fifty Thousand only] to the credit of Crime No.111 of 2023 before the XVII Metropolitan Magistrate, Saidapet, Chennai, within a period of one week from today. The petitioner is given ten (10) days time to surrender before the XVII Metropolitan Magistrate, Saidapet, Chennai and comply with all the other conditions imposed by the Court below while granting anticipatory bail to the petitioner. It is made clear that no further extension of time will be granted and if the petitioner fails to deposit the amount within the time stipulated by this Court, the anticipatory bail granted in favour of the petitioner shall stand automatically cancelled and it will be left open to the respondent police to apprehend the petitioner and proceed further with the investigation. N.ANAND VENKATESH, J.

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gm This Criminal Original Petition is disposed of with the above direction.

19.09.2023 Note to office: Issue order copy by 21.09.2023 Speaking Order/Non-speaking Order Index :Yes/No gm To 1.The XVII Metropolitan Magistrate, Saidapet, Chennai.

2.The Principal Sessions Judge, Chennai.

3.The Inspector of Police, R1, Mambalam Police Station, Chennai.

Crime No.111 of 2023 4.The Public Prosecutor, Madras High Court, Chennai.

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