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Madras High CourtCRL OP(MD)/3208/2018dismissed

Sudharson v. The Inspector Of Police

2018-03-01Honourable Mr Justice R. Pongiappan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2018

CORAM:

THE HONOURABLE MR. JUSTICE R.PONGIAPPAN Crl.O.P.(MD).No.3208 of 2018 Sudharson ... Petitioner/Petitioner/ Accused No.3 Vs.

The State represented by The Inspector of Police, Pavoorchathiram Police Station, Pavoorchathiram Tirunelveli District.

(Crime No.31 of 2018) ... Respondent/Respondent/ Complainant PRAYER: Criminal Original Petition filed under Section 439(i)(b) of the Criminal Procedure Code, to modify the condition as made in Crl.M.P.No.1080 of 2018 on the file of the learned Principal Sessions Judge, Tirunelveli, dated 21.02.2018 of directing the petitioner to deposit a sum of Rs.25,000/- to the credit of Crime No.31 of 2018 on the file of the Inspector of Police, Pavoorchathiram Police Station, Pavoorchathiram, Tirunelveli District forthwith.

For Petitioner : Mr.S.Palani Velayutham For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate(Crl.Side)

ORDER

This petition has been filed to modify the condition as made in Crl.M.P.No.1080 of 2018 on the file of the learned Principal Sessions Judge, Tirunelveli, dated 21.02.2018, directing the petitioner to deposit a sum of Rs.25,000/- to the credit of Crime No.31 of 2018, on the file of the Inspector of Police, Pavoorchathiram Police Station, Pavoorchathiram, Tirunelveli District forthwith.

2. Heard both sides.

3.The submission made by the learned counsel appearing on either side are considered. It is alleged that during the time of occurrence, the petitioner and other accused in this case caused mischief and damaged the property worth about Rs.3,00,000/-(Rupees https://hcservices.ecourts.gov.in/hcservices/

three lakhs only). Based on the facts and circumstances of the case, the learned Principal Sessions Judge, Tirunelveli granted the bail with conditions, in which, he mentioned one of the condition as the petitioner shall deposit a sum of Rs.25,000/- to the credit of Crime No.31 of 2018, on the file of the Pavoorchathiram Police Station. Now, the petitioner has filed this application to modify the order passed in Crl.M.P.No.1080 of 2018, on the file of the learned Principal Sessions Judge, Tirunelveli, dated 21.02.2018. 4.Since the value of the property, which was damaged during the time of occurrence is worth about Rs.3,00,000/-, this Court is not inclined to modify the condition imposed in Crl.M.P.No.1080 of 2018 on the file of the learned Principal Sessions Judge, Tirunelveli, dated 21.02.2018. Accordingly, the Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To

1. The Principal Sessions Judge, Tirunelveli.

2. The Inspector of Police, Pavoorchathiram Police Station, Pavoorchathiram Tirunelveli District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

MSA TE/KKR/SAR-4 : 19/03/2018 : 2P/4C Crl.O.P.(MD).No.3208 of 2018 01.03.2018 https://hcservices.ecourts.gov.in/hcservices/