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Madras High CourtCRL MP(MD)/336/2016ordered

Namivannan v. The Inspector Of Police

2016-01-18Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighteenth day of January Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL MP(MD) No.336 and 317 of 2016 IN CRL OP(MD) No.22489 and 22490 of 2015 1 NAMIVANNAN 2 RAMANATHAN ... PETITIONERS/ACCUSED No.5,6 IN CRL MP.(MD)No.336/16 IN CRL OP(MD)No.22489/15 RAMAN ... PETITIONER/ACCUSED No.2 IN CRL MP.(MD)No.317/16 IN CRL OP(MD)No.22490/15 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, PERAIYUR POLICE STATION, PERAIYUR, MADURAI DISTRICT, CR NO.173 OF 2015. ... RESPONDENT/COMPLAINANT IN BOTH THE PETITIONS Prayer in CRL MP(MD). 336/ 2016 IN CRL OP(MD)No.22489/15 : 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.OP.(MD)No. 22489 of 2015 dated 17.12.2015 and pass such other further other orders as this Honourable Court.

Prayer in CRL MP(MD). 317/ 2016 IN CRL OP(MD)No.22490/15 : To modify the condition imposed by this Honourable Court in Crl. O. P. (MD) No. 22490 of 2015 dated 17.12.2015 and pass such other further other orders as this Honourable Court.

Order : These petitions coming on for orders upon perusing the petitions filed in support thereof and upon hearing the arguments of M/S N.MARIAPPAN, Advocate for the petitioner in both the petitions and of MR.K.ANBARASAN, Government Advocate (Crl.side) on behalf of the Respondents in both the petitions the court made the following order:- The petitions have been filed seeking modification of condition imposed by this Court in Crl.O..(MD) Nos. 22489 and 22490 of 2015 dated 17.12.2015.

2. This Court by order dated 17.12.2015 while granting anticipatory bail directed the petitioners to deposit a sum of Rs.16,000/- each to the credit of Crime No. 173 of 2015 with further direction to appear before the respondent police as and when required for interrogation. https://hcservices.ecourts.gov.in/hcservices/

3. The learned counsel for the petitioners has come out with the present petitions on the ground that the petitioners have deposited the amount of Rs.16,000/- each in the credit of Pudur Primary Agriculture Cooperative Debts Society, P.Subbulapuram on 21.12.2015 instead of depositing the amount to the credit of Crime No.173 of 2015. The learned counsel would further submit that after depositing of amount only the petitioners came to know the fact that the amount should be deposited to the credit of Crime No.173 of 2015.

4. The learned counsel has produced the copies of the receipts in the additional typed set of papers.

5.Considering the submission of the learned counsel for the petitioners and after perusing the copies of the receipts, the condition is modified as follows:

"Since the petitioners have already deposited the amount of Rs.16,000/-each before the Pudur Primary Agriculture Co-operative Debts Society, P.Subbulapuram on 21.12.2015, the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a likesum to the satisfaction of the learned Magistrate concerned on or before 01.02.2016 and the petitioners in both petitions shall appear before the respondent police daily at 10.00 a.m until further orders".

6. With the above modification, the petitions are ordered. sd/- 18/01/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO

1. THE JUDICIAL MAGISTRATE, PERAIYUR.

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

3. THE INSPECTOR OF POLICE, PERAIYUR POLICE STATION, PERAIYUR, MADURAI DISTRICT.

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

+1. C.C. to M/S N.MARIAPPAN Advocate SR.No. 2627

ORDER

IN CRL MP(MD) No.336 & 317 of 2016 IN CRL OP(MD) No.22489 & 22490 of 2015 Date :18/01/2016 CM TE/NGM-SS/SAR-II : 21/01/2016 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/