Durairaj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Criminal Jurisdiction ) Date : 26/06/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.8814 of 2019 Durairaj, S/o. Thangavelpillai, Theethanviduthi, Karambakkudi Taluk, Pudukkottai District.

... Petitioner/Accused No.2 Vs The Inspector of Police, Karambakkudi Police Station, Crime No.115/2019, Pudukkottai District.

... Respondent/Complainant For Petitioner : M/s.D.Rameshkumar, Advocate.

For Respondent : M.Anantha Devi, Govt.Advocate (Crl.Side).

PETITION for modification under Sec.439(i)(b) of Cr.P.C PRAYER :- To modify the first condition imposed in Crl.M.P(MD). No.1345/2019 on the file of the Principal Sessions Judge, Pudukkottai by order dated 15/06/2019.

ORDER : The Court Made the following order :- This petition has been filed to modify the first condition imposed by the learned Principal Sessions Judge, Pudukkottai dated.15.06.2019.

2. The learned counsel for the petitioner would submit that the petitioner herein was granted bail by the learned Principal Sessions Judge, Pudukottai on 15.06.2019 with a condition to deposit a sum of Rs.25,000/- before the Judicial Magistrate, Alangudi as cash security. He further submitted that he is unable to deposit the said amount, he has filed the present petition to modify the said condition.

3. The learned Government Advocate(Crl.Side) would submit that since the petitioner herein and nine others have damaged the defacto complainant's house and motor starter, electric board, pipeline worth about Rs.1,00,000/- the learned Sessions Judge has https://hcservices.ecourts.gov.in/hcservices/

imposed the said condition. Hence she opposed to modify the said condition.

4. Considering the facts and circumstances of the case and also considering the allegation that the petitioner herein and nine others have damaged the defacto complainant's house and motor starter, electric board, pipeline worth about Rs.1,00,000/- and also the fact that the petitioner is in custody initially from 23.05.2019 to 03.06.2019 and thereafter from 14.06.2019, the condition imposed by the learned Sessions Judge is modified to the effect that the petitioner shall deposit a sum of Rs.5,000/- to the credit of Crime number 115 of 2019 before the concerned Judicial Magistrate. All other conditions in the said order shall remain unaltered.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) TO

1. The Principal Sessions Judge, Pudukottai.

2. Do-Through The Chief Judicial Magistrate, Pudukottai District.

3. The Inspector of Police, Karambakudi Police Station, Pudukkottai District.

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

ORDER

IN CRL OP(MD) No.8814 of 2019 Date : 26/06/2019 aav MK (02.07.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/