Madras High CourtCRL OP(MD)/2332/2020modified

Saravanan v. The Sub Inspector Of Police

2020-02-11Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.(MD)No. 2332 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No. 2332 of 2020 Saravanan ... Petitioner Vs The Sub Inspector of Police, K.Pudupatty Police Station Pudukottai District (Crime No. 4 of 2020) ... Respondent Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to modify the condition imposed by the learned Principal Sessions Judge, Pudukottai in respect of deposit of a sum of Rs.70,000/- in Cr.M.P.No.409 of 2020 dated 29.01.2020.

For Petitioner : Mr.T.Veerakumar For Respondent : Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to modify the condition imposed by the learned Prinicpal Sessions Judge, Pudukottai in respect of deposit of a sum of Rs.70,000/- in Cr.M.P.No.409 of 2020 dated 29.01.2020.

2. The learned counsel appearing for the petitioner would submit that the petitioner was arrested and remanded to judicial custody on 24.01.2020 by the respondent police in Crime No. 4 of 2020 for the offences under Sections 379 of IPC r/w.Section 21(2)of Mines and Minerals (Development and Regulation) Act, 1957. He would further submit that the petitioner has filed an application for bail Cr.M.P.No.409 of 2020 before the learned Principal Sessions Judge, Pudukottai and the same was allowed and granted bail to the petitioner on 29.01.2020 on condition that the petitioner shall deposit a sum of Rs. 70,000/- before the learned Judicial Magistrate, Thirumayam. He would further submit that the petitioner is a driver and he is unable to deposit the aforesaid amount due to his poor financial status and hence, the petitioner is before this Court seeking for modification of the said condition alone.

3. Heard the learned Additional Public Prosecutor appearing for the respondent and perused the materials available on record.

4. In view of the aforesaid submissions made by the learned counsel appearing for the petitioner, the condition imposed by the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No. 2332 of 2020 learned Principal Sessions Judge, Pudukottai in Cr.M.P.No.409 of 2020, dated 29.01.2020 that the petitioner shall deposit a sum of Rs.70,000/- to the learned Judicial Magistrate, Thirumayam is modified to the effect that the petitioner shall deposit a non refundable deposit of Rs.25,000/-(Rupees Twenty Five thousand only) to the credit of the concerned District Mineral Foundation Trust. All other conditions in the order passed by the Principal Sessions Judge, Pudukottai in Cr.M.P.No.409 of 2020, dated 29.01.2020 shall remain unaltered.

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) aav To

1. The Principal Sessions Judge, Pudukottai

2. The Sub Inspector of Police, K.Pudupatty Police Station Pudukottai District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:

The Officer in Charge, District Mineral Foundation Trust, Pudukottai, Pudukottai District.

+1 CC to M/s.T.VEERAKUMAR, Advocate ( SR-5648[F] dated 11/02/2020 ) Crl.O.P.(MD)No.2332 of 2020 11.02.2020 KK/SAR/11.02.2020/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2