Madras High CourtCRL MP(MD)/10576/2017dismissed

Sekar v. The Inspector Of Police

2017-11-27Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Seventh day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL MP(MD) No.10576 of 2017 IN CRL OP(MD) No.32 of 2017 SEKAR ... PETITIONER/PETITIONER/SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI.

SIVAGANGAI DISTRICT.

(CRIME NO.659 OF 2016) ... RESPONDENT/RESPONDENT/ COMPLAINANT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to modify the condition imposed by this Honourable Court in Crl.O.P (MD).No.32/2017 dated 09/10/2017.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.S.BALAJI, Advocate for the petitioners and of MR.K.ANBARASAN Government Advocate (Crl.Side) for the Respondent and of M/S.M.ELIZABETH GEETHA Advocate for the Intervener the court made the following order:- The petitioners filed this modification petition to modify the condition imposed in the order made in Crl.O.P.No.32 of 2017, dated 09.10.2017.

2. This Court, while granting anticipatory bail to the petitioner in Crl.O.P.No.32 of 2017, 09.10.2017, imposed a condition that he should deposit a sum of Rs.7,00,000/- in Crime No.659 of 2017. Aggrieved by the same, since the petitioner is not able to arrange the money, he filed the present petition stating that he is ready to deposit the title deed before the lower Court instead of paying the said sum.

3. The said submission is not acceptable one. The petitioner cannot act, contrary to his own admission, while granting anticipatory bail.

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4. The learned counsel appearing for the petitioner would submit that the time may be granted to deposit the said amount.

5. In view of the above said submission, this petition is dismissed. However, the time is granted to the petitioner only 21 days from the date of receipt of a copy of this order and this court directs the petitioner to deposit the said amount and comply the condition imposed in Crime No.659 of 2017 before the learned Judicial Magistrate No.I, Sivagangai.

sd/- 27/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, SIVAGANGAI 2 THE CHIEF JUDICIAL MAGISTRATE, SIVGANGAI DISTRICT 3 THE INSPECTOR OF POLICE SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI, SIVAGANGAI DISTRICT.

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

+1. C.C. to M/S.S.BALAJI Advocate SR.No.35232

ORDER

IN CRL MP(MD) No.10576 of 2017 IN CRL OP(MD) No.32 of 2017 Date :27/11/2017 rmi, PK/RR/SAR-I-7.12.2017-2P-6C https://hcservices.ecourts.gov.in/hcservices/