Senthilkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/03/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR

1. Senthilkumar, S/o.Arumugam, 11-A, Kalichiyamman Kovil St., Peikalikadu, Narasingapuram, Pattukottai Taluk, Thanjavur District.

2. Vijay, S/o.Sankar, No.1, Peikalikadu, Narasingapuram, Pattukottai Taluk, Thanjavur District.

3. Jeyakumar, S/o.Vadivel, No.106, Peikalikadu, Narasingapuram, Pattukottai Taluk, Thanjavur District.

... Petitioners/Accused Nos.2 to 4 Vs The Inspector of Police, Adiramapattinam Police Station, Thanjavur District Cr No.88/2021.

... Respondent/Complainant For Petitioners : Mr.Ravi.S., Advocate.

For Respondent : Mr.M.V.Chandrasekaran, Government Advocate (Crl.Side) PETITION FOR MODIFICATION UNDER SECTION 439(1)(b) r/w.Section 482 of Cr.P.C PRAYER :- To modify the condition imposed in Crl.M.P.No.525 of 2021 dated 08/02/2021 passed by the Learned Principal Sessions Judge, Thanjavur 1/3

directing the petitioners to pay a sum of Rs.10,000/- each nonrefundable to the credit of "District Collector, corona Relief Fund Thanjavur in A/c.No.378401000000444" and directing them to report before Dindigul West Police Station daily at 10.00 A.M. For a period of 30 days.

ORDER : The Court made the following order :- This petition has been filed to modify the condition imposed by the learned Principal Sessions Judge, Thanjavur in Crl.M.P. No. 525/2021 dated 08.02.2021 directing the petitioners to pay a sum of Rs.10,000/- each which is non refundable to the credit of " District Collector, Corona Relief Fund, Thanjavur in A/c.No.378401000000444 maintained at Indian Overseas Bank, Branch No.3784 situtated at Collectorate, Master Plan complex, New District Collectorate Office, Thanjavur- 613010 within a period of one month and obtain its payment receipt and to appear and sign before the Dindigul West Police Station daily a 10.00 am., for a period of 30 days.

2. The learned counsel for the petitioners would submit that the petitioners were granted anticipatory bail in Crl.M.P. No. 525/2021 dated 08.02.2021 for the offences under Sections 294(b), 341,323 and 506(ii)of IPC. While granting anticipatory bail directed the petitioners to deposit a sum of Rs.10,000/- each which is non refundable to the credit of " District Collector, Corona Relief Fund, Thanjavur in A/c.No.378401000000444 and directed them to appear before the Dindigul West Police Station daily a 10.00 am., for a period of 30 days. He would also submit that the petitioners are agriculturalist coolies and they are unable to mobilize the fund and they have no relatives or friends to stay at Dindigul hence he seeks modification of the said order.

3. The learned Government Advocate(Crl.Side) would submit that while the petitioners were granted anticipatory bail, they have not made any such submission and the learned Sessions Judge has passed such order.

4. Considering the submission made by the learned counsel for the petitioners the condition imposed by the learned Principal Sessions Judge, Thanjavur in Crl.M.P. No. 525/2021 dated 08.02.2021 directing the petitioners to pay a sum of Rs.10,000/- each which is non refundable to the credit of " District Collector, Corona Relief Fund, Thanjavur in A/c.No.378401000000444 maintained at Indian Overseas Bank, Branch No.3784 situated at Collectorate, Master Plan complex, New District Collectorate Office, Thanjavur613010 is modified to the effect that the petitioners shall pay a sum of Rs.5000/- each (which is non refundable) to the credit of " District Collector, Corona Relief Fund, Thanjavur in A/c.No.378401000000444 maintained at Indian Overseas Bank, Branch No.3784 situated at Collectorate, Master Plan complex, New District Collectorate Office, Thanjavur- 613010 and directing the petitioner 2/3

to report before the Dindigul West Police Station daily at 10.00 am.,for a period of 30 days is set aside. Further two weeks time is extended to comply with the conditions. All other conditions in the said order shall remain intact.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) AAV Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.The Principal Sessions Judge, Thanjavur.

2.The Inspector of Police, Adiramapattinam Police Station, Thanjavur District.

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

Copy to 1.The District Collector (Corona Relief Fund) Thanjavur 2.The Inspector of Police, Dindigul West Police Station, Dindigul.

ORDER

IN CRL OP(MD) No.3158 of 2021 Date : 01/03/2021 KM (09.03.2021) 3P 6C 3/3