Madras High CourtCRL OP(MD)/4716/2023ordered

Nazeer Basha v. The Inspector Of Police

2023-03-14Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD).No.4716 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14.03.2023 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD).No.4716 of 2023 Nazeer Basha ... Petitioner/Accused Vs State represented by The Inspector of Police, K.K.Nagar Police Station, Tiruchirappalli.

(Cr.No.76 of 2023) ... Respondent For Petitioner : Mr.B.Vetrivel Advocate.

For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR MODIFICATION Under Sec.439(1)(b) r/w 482 of Cr.P.C. PRAYER :- To modify the condition No.1 made in conditional anticipatory bail order in Crl.M.P.No.822 of 2023, dated 01.03.2023 on the file of the Principal District and Sessions Court, Tiruchirappalli, in Crime No.76 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- This petition has been filed to modify the condition No.1 imposed by the learned Principal District and Sessions Judge, Tiruchirappalli, in Crl.M.P.No.822 of 2023, dated 01.03.2023, directing the petitioner to deposit a sum of Rs.2,00,000/- to the credit of the crime number.

2. The learned counsel for the petitioner would submit that the fine amount imposed by the Court below totally perverse and cannot be an affordable to the petitioner. The total amount of the cheated money as per FIR is Rs.3,00,000/- and the petitioner repaid a sum of Rs.80,927/- to the defacto complainant on different occasions and hence, he seeks modification of the above said condition.

3. Taking into consideration the submission made by the learned counsel for the petitioner, the condition No.1 imposed by the learned Principal District and Sessions Judge, Tiruchirappalli, in Crl.M.P.No.822 of 2023, dated 01.03.2023, directing the petitioner https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD).No.4716 of 2023 to deposit a sum of Rs.2,00,000/- to the credit of the Crime No.76 of 2023 is modified to the effect that the petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One lakh only) to the credit of the Crime No.76 of 2023 *on or before 10.04.2023. All other conditions imposed in the said order shall remain unaltered.

4. The petition is ordered accordingly.

sd/- 14/03/2023 (*) CORRECTED AS PER ORDER OF THIS COURT DATED 28.03.2023 IN CRL OP (MD) NO.4716 OF 2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO TO BE SUBSTITUTED WITH THE ORDER DATED 14/03/2023 ALREADY DESPATCHED 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, TIRUCHIRAPPALLI.

2 THE INSPECTOR OF POLICE K.K.NAGAR POLICE STATION, TIRUCHIRAPPALLI.

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

+1. CC to M/S.VETRIVEL B Advocate SR.No.4295

ORDER

IN CRL OP(MD) No.4716 of 2023 Date :14/03/2023 SS/CG/SAR III/23/03/2023/2P/5C ED/SBN/SAR-3 (30/03/2023) 2P 5C https://www.mhc.tn.gov.in/judis 2/2