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Madras High CourtCRL OP(MD)/3486/2021modified

Sanjay v. The Inspector Of Police

2021-03-05Honourable Mr Justice M. Nirmal Kumar2 pages

CRL OP(MD). No.3486 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/03/2021 PRESENT The Hon'ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD). No.3486 of 2021 Sanjay, S/o. Venkatesan, No.5667, Santhanathapuram 1st St, Pudukkottai Town, Pudukkottai District. ... Petitioner/Accused No.4 Vs The Inspector of Police, PEW Police Station, Pudukkottai District Crime No. 235/2020. ... Respondent/Complainant For Petitioner : M/s.Jameel Arasu.B., Advocate.

For Respondent : Mr.M.V.Chandrasekaran, Government Advocate (Criminal Side) PETITION FOR MODIFICATION UNDER SECTION 439(1)(b) of Cr.P.C PRAYER :- To Modify the condition in the order dated 23.12.2020 made in Crl.M.P No. 4451/2020 on the file of the Learned Principal District and Sessions Judge, Pudukottai in so far as imposing the condition the Petitioner to deposit a sum of Rs.20,000/- as onerous. ORDER : The Court made the following order :- This petition has been filed to modify the condition imposed by the learned Principal District and Sessions Judge, Pudukottai in Cr.M.P.No.4451 of 2020 dated 23.12.2020.

2. The learned counsel for the petitioner would submit that the petitioner was granted anticipatory bail by the learned Principal District and Sessions Judge, Pudukottai in Cr.M.P.No.4451 of 2020 with a condition to deposit a sum of Rs.20,000/-in favour of the District legal Services Authority, Pudukottai. He would also submit that the petitioner is fourth accused in this case and he is no way connected with the alleged occurrence and nothing has been recovered from this petitioner. He would also submit that due to his poor https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.3486 of 2021 financial situation he is unable to mobilize the fund, hence he seeks modification of the said condition.

3. Considering the submission made by the learned counsel for the petitioner the condition imposed by the learned Principal District and Sessions Judge, Pudukottai in Cr.M.P.No.4451 of 2020 directing the petitioner to deposit a sum of Rs.20,000/-in favour of the District legal Services Authority, Pudukottai is modified to the effect that the petitioner shall deposit a sum of Rs.5,000/-in favour of the District legal Services Authority, Pudukottai. Further two weeks time is extended to comply with the conditions. All other conditions in the said order shall remain unaltered.

4. This petition is ordered accordingly.

Sd/- Assistant Registrar (CS-III) // 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 District and Sessions Judge, Pudukottai.

2. The Inspector of Police, Pew Police Station, Pudukkottai District.

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

Copy to:

The Officer in-charge, District Legal Services Authority, Pudukottai. ORDER IN CRL OP(MD) No.3486 of 2021 Date : 05/03/2021 NS(CO) SRS (16/03/2021) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2