Vijay v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 15.10.2024

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL CRL OP.No.25272 of 2024 Vijay ... Petitioner Vs State Rep. by:

The Inspector of Police, R-8, Vadapalani Police Station, Chennai.

[Cr. No.206 of 2024]

...Respondent

PRAYER: The Criminal Original Petition is filed under Section 439(i)(b) of Cr.PC, praying to modify the Bail conditional order passed by the XVII Metropolitan Magistrate, Saidapet, Chennai in Crl.M.P.No.15515 of 2024 dated 06.09.2024, on condition that the petitioner shall deposit a sum of Rs.50,000/- within a week in Crime No.206 of 2024 on the file of the respondent police. For Petitioner : Mr. R.Prakash For Respondent : Mr. S. Santhosh Government Advocate [Criminal side] 1/4

ORDER

This petition has been filed seeking to modify the condition imposed in the order dated 06.09.2024 in Crl.M.P.No.15515 of 2024 passed by the learned XVII Metropolitan Magistrate, Saidapet, Chennai.

2. Learned counsel appearing for the petitioner submitted that learned XVII Metropolitan Magistrate, Saidapet, Chennai has granted bail to the petitioner on 06.09.2024, on condition that petitioner should deposit a sum of Rs.50,000/- within a week. He further submitted that petitioner came from poor family, he is a coolie worker and he is the only bread winner of his family, due to which, petitioner was unable to mobilize the funds and unable to comply the condition imposed by the learned Magistrate. Therefore, the learned counsel prays to modify the condition imposed by the learned XVII Metropolitan Magistrate, Saidapet, Chennai in Crl.MP.No.15515 of 2024.

3. Learned Government Advocate (Criminal side) appearing for the respondent police has no serious objection in modifying the condition. 2/4

4. Considering the submissions putforth on either side and considering the fact that the condition passed by the trial court that, the petitioner should deposit a sum of Rs.50,000/- within a week, is an onerous condition, Considering the facts and circumstances of the case, the conditional bail granted by the learned XVII Metropolitan Magistrate, Saidapet, Chennai in Crl.MP.No.15515 of 2024 in Paragraph 4 (a) viz. 4.(a) The Petitioner shall deposit a sum of Rs.50,000/- within a week, is hereby relaxed. The other conditions imposed in the order dated 06.09.2024 in Crl.MP.No.15515 of 2024 shall remain unaltered.

Accordingly, the condition is modified.

15.10.2024 Index: Yes/No Internet: Yes/No Speaking/Non Speaking order dsn 3/4

P.DHANABAL ,J dsn To 1.The XVII Metropolitan Magistrate, Saidapet, Chennai.

2.The Inspector of Police, R-8, Vadapalani Police Station, Chennai.

3.The Public Prosecutor, High Court, Madras.

CRL. O.P. No.25272 of 2024 15.10.2024 4/4