Hemalatha v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.01.2024

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI Hemalatha ... Petitioners/Accused Vs.

The Inspector of Police, Paramakudi Town Police Station, Ramanthapuram District.

(In STC.No.177 of 2018) ... Respondent /Complainant PRAYER : Criminal Original Petition filed under Section 439(i)(b) r/w 482 of the Code of Criminal Procedure, to modify the condition No.(ii) imposed by the learned Principal Sessions Judge, Ramanthapuram in Crl.M.P.No.81 of 2024 dated 08.01.2024. For Petitioners : Mr.B.Ramamoorthi,Advocate For Respondent : Mr.SS.Madhavan, Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to modify the condition No.(ii) imposed by the learned Principal Sessions Judge, Ramanthapuram in Crl.M.P.No.81 of 2024 dated 08.01.2024.

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2.The learned counsel appearing for the petitioner would submit that the petitioner is an accused in a cheque case and she was absent before the trial Court due to her illness and hence, NBW came to be issued and she was also arrested. Therefore, the petitioner filed a bail petition before the Court below in Crl.M.P.No.81 of 2024 and the same was allowed on 08.01.2024 on condition that the petitioner should deposit a sum of Rs.1,25,000/- to the credit of STC.No.177 of 2023 on the file of the learned Judicial Magistrate, Paramakudi, without prejudice to her defence before the trial Court. He would further submit that the petitioner is facing economic hardships and she was unable to arrange the amount. Hence, he prayed to modify the above said condition.

The learned Government Advocate(Crl.side) appearing for the respondent police would submit that the Court below, after considering all aspects, rightly imposed the condition, which dose not warrant interference by this Court. Considering the facts and circumstances of the case and considering the economic hardships of the petitioner, the condition imposed by the Court below is 2/4

hereby modified to the effect that the petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) to the to the credit of STC.No.177 of 2023 on the file of the learned Judicial Magistrate, Paramakudi, without prejudice to her defence before the trial Court. Accordingly, this criminal original petition is allowed. sd/- 12/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO THE PRINCIPAL SESSIONS JUDGE RAMANATHAPURAM.

THE JUDICIAL MAGISTRATE, PARAMAKUDI.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

THE INSPECTOR OF POLICE PARAMAKUDI TOWN POLICE STATION, RAMANATHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.682 of 2024 Date :12/01/2024 PKP/JGB/SAR /24.01.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4