Muthu @ Muthamilselvan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2015

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD).No.7012 of 2015 Muthu @ Muthamilselvan ... Petitioner Vs.

State, Represented by The Inspector of Police, Thanjavur West POlice Station, Thanjavur, Thanjavur District.

(Crime No.330 of 2014) ... Respondent PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to set aside the condition directing the petitioner to deposit a sum of Rs.34,000/- into the TASMAC account of the Defacto Complainant/1st condition, as imposed by the Learned Principal District and Sessions Judge, Thanjavur, Thanjavur District in Cr.M.P.No.909 of 2015 dated 18.03.2015. For Petitioner : Mr.A.Thiruvadikumar For Respondent : Mr.K.V.Rajarajan, Government Advocate (Crl. Side)

O R D E R

This petition has been filed seeking modification of the condition imposed in Cr.M.P.No.909 of 2015 by the Principal District and Sessions Judge, Thanjavur, Thanjavur District. 2.The learned counsel for the petitioner submitted that the learned Principal District and Sessions Judge, Thanjavur granted bail to the petitioner imposing condition of deposit of Rs.34,000/- to the credit of TASMAC account. According to the learned counsel for the petitioner the condition is onerous. 3.The learned Government Advocate (Crl.side) submitted that the petitioner along with other accused have way-laid the defacto complainant, who is the supervisor of TASMAC shop and robbed a sum of Rs.2,23,000/- and he is having two previous cases to his credit. The learned Government Advocate strongly opposed the modification of the condition.

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4. Considering the fact that the petitioner was arrested on 07.02.2015 and he was directed to deposit a sum of Rs.34,000/- to the credit of TASMAC account, this Court is inclined to modify the condition and to direct the petitioner to deposit a sum of Rs.25,000/- to the credit of Cr.No.330 of 2014 before the concerned Magistrate and the petitioner shall comply with the other conditions imposed by Sessions Court.

Sd/- Assistant Registrar(A.S.,) /True Copy/ Sub-Assistant Registrar To 1.The Principal District and Sessions Judge, Thanjavur, Thanjavur District.

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

3.The Inspector of Police, Thanjavur West POlice Station, Thanjavur, Thanjavur District.

+1cc to Mr.A.Thiruvadikumar, Advocate, in SR. No.20158/15. Crl.O.P.(MD).No.7012 of 2015 20.04.2015 am msm 23.04.2015 p2/5c https://hcservices.ecourts.gov.in/hcservices/