B.Jaisankar, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixteenth day of May Two Thousand Nineteen PRESENT The Hon`ble Mr Justice B.PUGALENDHI CRL MP(MD) No.4527 of 2019 IN CRL OP(MD) No.5516 of 2019 B.JAISANKAR ... PETITIONER/PETITIONER Vs STATE THROUGH, THE INSPECTOR OF POLICE, WORAIYUR POLICE STATION, TRICHY DISTRICT in CRIME NO.71/2019 ... 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 clause 5(b) as per the order 12.04.2019 in Crl.OP(MD)No.5516 of 2019 on the file of this Honourable Court that the petitioner is very poor and suffering from poverty and unable to deposit the amount of Rs.1,50,000/- as per the order of the Court which may be modified considering his poverty.

Order :This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of MR.T.BALARATHINAKUMAR, Advocate for the petitioner and of MR.A.ROBINSON,Government Advocate(Crl.Side) on behalf of the Respondent, the court made the following order:- This petition has been filed to modify the order of this Court dated 12.04.2019 in Crl.O.P.(MD)No.5516 of 2019, directing the petitioner to deposit a sum of Rs.1,50,000/- within a period of two weeks from the date of receipt of a copy of that order and surrender before the learned Judicial Magistrate No.IV, Trichy. On such condition, the petitioner was ordered to be released on anticipatory bail.

2.The learned counsel for the petitioner expressed that he is not in a position to make the payment as directed by this Court and seeks indulgence of this Court to modify the earlier condition imposed by this Court.

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3.The learned Government Advocate opposed this application strongly that this is a case of theft of jewels and this petitioner is the receiver of the stolen property. He further submitted that this Court had earlier granted anticipatory bail on the undertaking given by this petitioner that he would make the payment. 4.Considering the rival submissions, when this Court is not inclined to grant relief sought for, the learned counsel for the petitioner seeks time for extension of further time to make the payment as directed by this Court. Accordingly, the time has been extended for a further period of three weeks. 5.Therefore, the order dated 12.04.2019 in Crl.O.P.(MD)No.5516 of 2019 passed by this Court, is modified to the effect that the period of time for depositing of the amount of Rs.1,50,000/- has been extended for a further period of three weeks from the date of receipt of a copy of this order.

sd/- 16/05/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO IV, TRICHY.

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

3.THE INSPECTOR OF POLICE WORAIYUR POLICE STATION, TRICHY DISTRICT 4.THE INSEPCTOR OF POLICE TEPPAKULAM POLICE STATION, MADURAI.

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

ORDER

IN CRL MP(MD) No.4527 of 2019 IN CRL OP(MD) No.5516 of 2019 Date :16/05/2019 PNN/CP PK/JC/SAR-1/20.05.2019 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/