Madras High CourtCRL MP(MD)/2102/2018dismissed

Gopal v. The Inspector Of Police

2018-03-19Honourable Mr Justice R. Pongiappan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Nineteenth day of March Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL MP(MD) No.2102 of 2018 IN CRL OP(MD) No.3136 of 2018 GOPAL ... PETITIONER/2ND PETITIONER Vs THE INSPECTOR OF POLICE ATHOOR POLICE STATION, ATHOOR, THOOTHUKUDI DISTRICT, IN CR.NO. 5/2018 ... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to modify the condition passed in Crl.OP.No. 3136/2018 dated 28.02.2018 Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.N.PRAGALATHAN, Advocate for the petitioner and of MR.K.SUYAMBULINGA BHARATHI, Government Advocate (Crl.Side) for the Respondent the court made the following order:- This Petition has been filed to modify the condition passed in Crl.O.P(MD).No.3136 of 2018, dated 28.02.2018.

2. The learned counsel appearing for the petitioner submitted that due to the poverty, the petitioner is not able to deposit a sum of Rs.25,000/- as imposed by this Court and hence, he seeks modification of the above said condition.

3. The learned Government Advocate (Crl. Side) appearing for the State submitted that the petitioner has not complied with the condition as imposed by this Court.

4. The Submissions made by the learned counsel appearing on either side are considered.

5. Even though the petitioner is not owner of the vehicle, considering the fact that the offence committed by the petitioner is not against the individual, it is against the society. Thereby, considering the nature of offence committed https://hcservices.ecourts.gov.in/hcservices/

by the petitioner, the direction to deposit a sum of Rs.25,000/- does not warrant any interference.

6. Accordingly, this Petition is dismissed.

sd/- 19/03/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO

1. THE JUDICIAL MAGISTRATE, TIRUCHENDUR, THOOTHUKUDI.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3. THE INSPECTOR OF POLICE, ATHOOR POLICE STATION, ATHOOR, THOOTHUKUDI DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

GJM/CM/VR/SAR-I-22.3.18-2P-5C

ORDER

IN CRL MP(MD) No.2102 of 2018 IN CRL OP(MD) No.3136 of 2018 Date :19/03/2018 https://hcservices.ecourts.gov.in/hcservices/