Sudha v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Sixteenth day of December Two Thousand Nineteen PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL MISCELLANEOUS PETITION No.18670 of 2019 IN CRL OP.24993/2018 1 SUDHA [ PETITIONERS ] 2 SELVAKUMAR 3 PANNEERSELVAM Vs STATE REP BY [ RESPONDENT ] THE STATION HOUSE OFFICER, DCB, POLICE STATION, CUDDALORE, CUDDALORE DISTRICT.
CR.NO.10 OF 2019.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to modify the condition imposed upon the petitioner in Crl.O.P.No.24993/2018 by an order dated 31.10.2018 directing to deposit a sum of Rs.20,00,000/- (Rupees Twenty Lakhs Only) within a period of two weeks, without prejudice to his rights contentions before the Trial Court.
Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of MR. JOTHIMANIAN FOR M/S.K.BALU, Advocate for the petitioner and of M/S.SARATHA DEVI V., GOVERNMENT ADVOCATE (Crl.Side) on behalf of the Respondent the court made the following order:- The petitioners have filed this petition for modification of the condition imposed by this Court in Crl.O.P.No.24993 of 2018 for the offences punishable under Sections 406, 420, 506(i), 120B of IPC in Crime No.10 of 2018, while granting anticipatory bail to the petitioners.
2. Heard the learned counsel for the petitioners and the learned Government Advocate appearing for the State.
3. This Court, while granting anticipatory bail to the petitioners, had directed the petitioners to pay a sum of Rs.20,00,000/-to the fit person appointed by the Superintendent of Police within a period of two weeks and after payment of the said amount, the fit person is directed to disburse the amount to the real victims within a period of four weeks, thereafter.
4. The appeal preferred against the said Order by the petitioners in SLP.No.34322 of 2019 has been dismissed by the Supreme Court on 05.11.2019.
5. The petitioners have filed this petition to modify the Order to the effect that the amount will be deposited without prejudice to the right of the petitioners contention before the trial Court. Considering the submissions of the learned counsel for the petitioners the Order of this is modified as under : The petitioners shall deposit a sum of Rs.20,00,000/- along with the list of real victims before the firt person appointed by the Superintendent of Police within a period of four weeks, without prejudice to the right of the petitioners before the trial Court and thereafter, the fit person shall disburse the above amount to the real victims within a period of four weeks. The petitioners also granted liberty to file list victims to the fit person. All other conditions remain unaltered.
5. Accordingly, this Criminal Miscellaneous Petition is modified. -sd/- 16/12/2019 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE JUDICIAL MAGISTRATE, CUDDALORE.
2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE [FOR INFORMATION]
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE STATION HOUSE OFFICER, DCB, POLICE STATION, CUDDALORE, CUDDALORE DISTRICT.
C.C. to M/S.K.BALU Advocate on payment of necessary charges Order in CRL MP.18670/2019 in CRL OP.24993/2018 Date :16/12/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format cs 26/12/2019