Chezhian@Ilanchezhian v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/01/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR
1. Chezhian@ilanchezhian, S/o.Thiyagarajan, No.418, Kaddukakaadu Road, Vettanviduthy, Karambakudi Taluk, Pudukottai District.
2. Rajeshwari, W/o.Chezhiyan @ Ilanchezhian, No.418, Kaddukakaadu Road, Vettanviduthy, Karambakudi Taluk, Pudukottai District.
... Petitioners/Accused No.1 and 2 Vs The Inspector of Police, Malaiyoor Police Station, Pudukottai District.
(Crime No.382 of 2020).
... Respondent/Complainant PRAYER :- Petition is filed under Section 439(1)(b) r/w Section 482 of the Code of Criminal Procedure praying to modify the conditions imposed in Cr.M.P.No.4336 of 2020 dated 09.12.2020 on the file of Principal District and Sessions Judge, Pudukkottai. For Petitioners : Mr.Poornachandran.S, Advocate.
For Respondent : Mr.K. Suyambulinga Bharathi, Government Advocate (Crl.Side)
ORDER
The present petition has been filed to modify the conditions imposed in Cr.M.P.No.4336 of 2020 dated 09.12.2020 on the file of Principal District and Sessions Judge, Pudukkottai. 1/3
2.The petitioners are Accused Nos.1 and 2 in Crime No.382 of 2020 for the alleged offences punishable under Sections 294(b), 427 and 506(i) of IPC, and hence, seeking anticipatory bail, they filed an application in Cr.M.P.No.4336 of 2020 before the Principal District and Sessions Judge, Pudukkottai. The Court below has granted anticipatory bail to the petitioners with conditions that the petitioners must deposit a sum of Rs.25,000/- each as cash security before the Judicial Magistrate, Alangudi. Hence, the present petition has been filed seeking modification. 3.The learned counsel appearing for the petitioners submitted that since the petitioners are poor, they are not in a position to deposit the amount, as directed by the Court below and hence, they seek for modification of the said condition.
4. Heard the learned Government Advocate (Criminal side) appearing for the respondent police also.
5.Considering the facts and circumstances of the case and also considering the gravity of offence, this Court is inclined to modify the condition. Accordingly, the condition stands modified to the effect that the petitioners shall deposit a sum of Rs.10,000/- each as cash security before the Judicial Magistrate, Alangudi. The other conditions imposed by the Principal District and Sessions Judge, Pudukkottai, vide order dated 09.12.2020, stand unaltered. 6.This Criminal Original Petition is ordered accordingly. Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) vsg Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Principal District and Sessions Judge, Pudukkottai.
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2.The Inspector of Police, Malaiyoor Police Station, Pudukottai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.851 of 2021 Date : 22/01/2021 KM (10.02.2021) 3P 4C 3/3