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Madras High CourtCRL OP(MD)/3756/2017disposed of

Kabu@Jeevan v. The Inspector Of Police

2017-04-03Honourable Dr Justice G. Jayachandran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.04.2017 CORAM :

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN CRL.O.P.(MD)No.3756 of 2017 Kabu @ Jeevan ... Petitioner/Accused Vs.

The Inspector of Police, E.Pudur Police Station in Crime No.348 of 2016, Trichy City, Trichy District.

... Respondent/Complainant Prayer: The Criminal Original Petition is filed under Section 439 (1)(b) of Cr.P.C., to modify the condition of depositing money i.e., a sum of Rs.90,000/- to the credit of Crime No.348 of 2016 as imposed by the Principal District Judge, Trichy in Crl.M.P.No.750 of 2017, dated 13.03.2017 before the Judicial Magistrate No.II, Trichy.

For Petitioner : Mr.N.Sundaresan For Respondent : Mr.K.V.Rajarajan Government Advocate (Crl.side)

O R D E R

This Criminal Original Petition is filed for modification of the condition of depositing money i.e., a sum of Rs.90,000/- to the credit of Crime No.348 of 2016 as imposed by the Principal District Judge, Trichy in Crl.M.P.No.750 of 2017, dated 13.03.2017 before the Judicial Magistrate No.II, Trichy.

2. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondent.

3. The learned counsel for the petitioner submits that the petitioner was granted bail by the learned Principal Sessions Judge, Trichy on condition that the petitioner/accused was ordered to be released on bail on executing a bond for Rs.10,000/- with two sureties, one surety be the blood relative and other surety a resident of the State for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Trichy and on condition to report before the respondent police daily at 10.00 a.m. until https://hcservices.ecourts.gov.in/hcservices/

further orders. He further states that he belongs to Karnataka State and he could not produce surety from this State. Hence, the petitioner has filed a petition for modification of condition in Crl.M.P.No.750 of 2017. The Principal Sessions Judge, Trichy modified to accept the sureties produced by the petitioner and further condition that the petitioner shall deposit Rs.90,000/- in cash to the credit of the said Crime number. In these circumstances, the petitioner has come out with the present criminal original petition to modify the condition of depositing cash. He submits that he is ready to deposit title deed of his property worth of Rs.1 lakh.

4. Considering the facts and circumstances of the case, this Court is inclined to modify the condition. Accordingly, the condition of depositing Rs.90,000/- in cash is modified to the effect that the petitioner shall deposit the title deed of his property worth above Rs.1 lakh.

5. This Criminal Original Petition is ordered accordingly. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar

1. The Principal District Judge, Trichy.

2. The Judicial Magistrate No.II, Trichy.

3. The Inspector of Police, E.Pudur Police Station, Trichy City, Trichy District.

+1cc to Mr.N.Sundaresan,Advocate,SR.18797 Crl.O.P.(MD)No.3756 of 2017 03.04.2017 AKV KK-JM-RSK-SAR3-12.04.2017-2P-5C https://hcservices.ecourts.gov.in/hcservices/