Madras High CourtCRL OP(MD)/5653/2020dismissed

S.Subramanian v. The Inspector Of Police

2020-06-03Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.5653 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.06.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.5653 of 2020 S.Subramanian ... Petitioner/Accused Vs The Inspector of Police, City Crime Branch, Madurai.

(In Crime No.11/2019) ... Respondent/complainant PRAYER: Petition filed under Section 482 of Code of Criminal Procedure, to direct the learned Judicial Magistrate No.I, Madurai to accept the sureties of the petitioner along with bank fixed deposit receipt for Rs.50 lakhs in State Bank of India at Race Course, Coimbatore Branch in Account No.39217424450, dated 16.03.2020 and to allow the petitioner to comply with the order of this Hon'ble Court in Crl.O.P.(MD)No.1146 of 2020, dated 28.02.2020. For Petitioner : M/s.P.Shri Santhaji For Respondent : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

Heard the learned counsel on either side.

2.The petitioner filed Crl.O.P.(MD)No.1146 of 2020 seeking anticipatory bail. By order dated 28.02.2020, anticipatory bail was granted to him subject to the condition that the petitioner would deposit a sum of Rs.50,00,000/- by way of fixed deposit to the credit of Crime No.11 of 2019 before the jurisdictional Magistrate 3.The petitioner instead of depositing the amount to the credit of Crime No.11 of 2019 appears to have created fixed deposit in his own name and he wants the Court below to accept the deposit receipts.

4.I am afraid that that was not the intention of the learned Judge who passed the order. The learned Jurisdictional Magistrate was right in not accepting the deposit receipts submitted by the petitioner herein. The only remedy open to the petitioner is to apply for modification of the order dated 28.02.2020 in Crl.O.P.(MD) No.1146 of 2020. I find no merits in this petition. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.5653 of 2020 5.The Criminal Original Petition is dismissed with the aforesaid liberty.

Sd/- Assistant Registrar (records) // True Copy // / /2020 Sub Assistant Registrar(CS) rmi To 1.Judicial Magistrate No 1, Madurai 2.The Inspector of Police, City Crime Branch, Madurai.

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

Crl.O.P(MD)No.5653 of 2020 03.06.2020 KB(10.06.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2