Madras High CourtCRL OP/8347/2016disposed of

Sakkarai v. The Inspector Of Police

2016-04-22Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.8347 of 2016 1.Sakkarai 2.Ravi ... Petitioners Vs.

The state rep by Inspector of Police, Krishnapuram Police Station, Dharmapuri District.

Crime No.81 of 2016 ... Respondent Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to set aside order in Crl.M.P.No.654 of 2016 dated 24.03.2016 passed by the learned Principal District and Sessions Judge, Dharmapuri in so far as directing the petitioners to deposit a sum of Rs.15,000/- before the satisfaction Court of Judicial Magistrate, No.II, Dharmapuri. For Petitioners : Mr.J.Bharathiraja For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

The petitioner has come forward with this petition seeking to set aside the order made in Crl.M.P.No.654 of 2016 dated 24.03.2016 passed by the learned Principal District and Sessions Judge, Dharmapuri in so far as directing the petitioners to deposit a sum of Rs.15,000/- before the satisfaction Court of learned Judicial Magistrate, No.II, Dharmapuri. 2.Heard the learned counsel appearing for the petitioners as well as the learned Additional Public Prosecutor. 3.The learned counsel appearing for the petitioners would submit that when the petitioner was enlarged on bail, the third condition imposed on the petitioners is that the petitioners shall deposit a sum of Rs.15,000/- into the Court. He would https://hcservices.ecourts.gov.in/hcservices/

further submit that the first petitioner is the owner of the land and he himself transported sand from his land to another land for making bricks, but the second petitioner is the driver of the Tipper and they are poor people. Hence, he prayed for setting aside of the condition.

4.Considering the submissions made by the learned counsel appearing for the petitioners, this Court feels it fit to set aside the third condition and accordingly, the third condition imposed on the petitioners by the learned Principal District and Sessions Judge, Dharmapuri in Crl.M.P.No.654 of 2016 dated 24.03.2016 is hereby set aside.

5.This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar pri To

1. The Inspector of Police, Krishnapuram Police Station, Dharmapuri District.

Crime No.81 of 2016

2. The Public Prosecutor High Court, Madras.

+1cc to Mr.J.Bharathiraja, Advocate, S.R.No.24894 Crl.O.P.No.8347 of 2016 SNS(CO) CA(29/04/2016) https://hcservices.ecourts.gov.in/hcservices/