Imran v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.12.2022
CORAM
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.31014 of 2022 Imran ... Petitioner Vs.
The State represented by The Inspector of Police, Panjapalli Police Station, Dharmapuri District.
(Crime No.88/2022).
... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., pleased to modify the condition imposed on the petitioner by the learned Principal District Judge, Dharmapuri in Crl.M.P.No.2299 of 2022 dated 30.11.2022.
For Petitioner :
Mr.P.M.Jayachandran For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (crl.side) 1/5
O R D E R
This petition has been filed to modify the condition imposed on the petitioner by the learned Principal District Judge, Dharmapuri in Crl.M.P.No.2299 of 2022 dated 30.11.2022 that the petitioner shall deposit a sum of Rs.1,63,000/- (Rupees One Lakh and Sixty Three Thousand Only) as a non-refundable deposit to the credit of Mediation and Conciliation Centre, Dharmapuri.
2.The learned counsel for the petitioner would submit that the petitioner who was arrested in Crime No.88 of 2022 for the offence under Section 328 IPC r/w Sections 7 of the Cigarette and other Tobacco Products Act, 2003. He would submit that the petitioner had filed an application for bail before the learned Principal District Judge, Dharmapuri in Crl.M.P.No.2299 of 2022 and the learned trial Judge by an order dated 30.11.2022 was pleased to grant bail with a condition that the petitioner shall deposit a sum of Rs.1,63,000/- (Rupees One Lakh and Sixty Three Thousand only) as a non-refundable deposit to the credit of Mediation and Conciliation Centre, Dharmapuri. He would submit that the petitioner being the driver of the vehicle was unable to raise funds to the tune of Rs.1,63,000/- and 2/5
thereby, he is still in custody, despite the order being passed on 30.11.2022. The learned Magistrate has imposed onerous condition and thereby, preventing the petitioner to come out on bail. Hence, the present petition has been filed for modification of the condition. 3.The learned Additional Public Prosecutor would submit that the petitioner along with other accused were found in illegal possession of some banned tobacco products. He would further submit that there is no previous case pending against him. However, he opposed for modification of the condition imposed by the learned Principal District Judge, Dharmapuri.
4. Considering the above submissions, the condition imposed by the learned Principal District Judge, Dharmapuri in Crl.M.P.No.2299 of 2022 on the petitioner i.e., "to deposit a sum of Rs.1,63,000/-(Rupees One Lakh and Sixty Three Thousand Only) as a non-refundable deposit to the credit of Mediation and Conciliation Centre, Dharmapuri", vide order dated 30.11.2022 shall stands replaced as "to deposit a sum of Rs.50,000/-(Rupees Fifty Thousand Only) as a non refundable deposit to the credit of ''the Mediation and Conciliation Centre, Dharmapuri''. 3/5
5.Accordingly, this Criminal Original Petition is modified. All other conditions remain unaltered.
16.12.2022 vkr Note:Issue order copy on 16.12.2022 To
1. The Principal District Judge, Dharmapuri.
2.The Inspector of Police, Panjapalli Police Station, Dharmapuri District.
3.The Public Prosecutor, High Court of Madras.
4/5
T.V.THAMILSELVI,J.
vkr Crl.O.P. No.31014 of 2022 16.12.2022 5/5