Madras High CourtCRL MP(MD)/3811/2024modified

Balaji v. The Inspector Of Police

2024-03-27Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI IN CRL OP(MD) No.2243 of 2024 1 BALAJI 2 VEERANAN ... PETITIONERS/PETITIONERS/ACCUSED Nos. 3 & 4 Vs THE INSPECTOR OF POLICE NATHAM POLICE STATION, DINDIGUL DISTRICT.

CRIME NO. 381 OF 2022 ... RESPONDENT/RESPONDENT/COMPLAINANT Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to modify the condition imposed by this Honble court in Crl O.P (MD) No. 2243 of 2024 dated 14.02.2024 in so far as the condition no.6(b)(i) as directing the petitioners to deposit a sum of Rs. 20,000/- to the mineral foundation, Dindigul instead of to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) jointly in the name of the President, Narasingam Panchayat[Account No.10111536134; MICR Code: 625002008, CIF No.80080760562, IFSC Code: SBIN0002246, Othakadai Branch, Madurai(2246)] for restoration of Kanmai.

Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.A.BALAJI, Advocate for the petitioner and of Mr.P.KOTTAICHAMY, Government Advocate(Crl.side) on behalf of the Respondent, the Court made the following order:- 1/4

This Criminal Miscellaneous Petition has been filed to modify the condition imposed by this Court in Crl.O.P.(MD)No.2243 of 2024, dated 14.02.2024, insofar as the condition No.6(b)(i) as directing the petitioners to deposit a sum of Rs.20,000/- to the mineral foundation, Dindigul instead of to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) jointly in the name of the President, Narasingam Panchayat [Account No.10111536134; MICR Code: 625002008, CIF No.80080760562, IFSC Code: SBIN0002246, Othakadai Branch, Madurai (2246)] for restoration of Kanmai.

2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. side) appearing for the State. 3.The learned counsel appearing for the petitioners would submit that the account number mentioned in the order dated 14.02.2024 is not the correct one. Hence, this Court may modify the said condition imposed against the petitioners. 4.Considering the facts and circumstances of the case, the condition imposed on the petitioners in Crl.O.P(MD)No.2243 of 2024, dated 14.02.2024 in condition No.6(b)(i) is modified as follows:

"(b)(i) as per the undertaking given by the petitioners, the petitioners are directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) jointly in the name of the Narasingam Village Panchayat-225262 2/4

[Account No.7387086170; MICR Code: 600019053 CIF No: 03262384860, IFSC Code: IDBI000S004, Indian Bank, Saidapet Branch, Chennai], for restoration of Kanmai, without prejudice to their rights and contentions before the trial Court and produce the receipt/acknowledgment before the trial Court while executing the sureties"

The time for execution of sureties is extended by two weeks from the date of receipt of a copy of this order.

5.This Criminal Original Petition is ordered accordingly. sd/- 27/03/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1 THE JUDICIAL MAGISTRATE, NATHAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3 THE INSPECTOR OF POLICE NATHAM POLICE STATION, DINDIGUL DISTRICT.

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

3/4

COPY TO:

1 THE SECTION OFFICER, CRIMINAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE PRESIDENT OF NARASINGAM PANCHAYAT, NARASINGAM, MADURAI.

3 THE BLOCK DEVELOPMENT OFFICER, MADURAI EAST PANCHAYAT UNION, MADURAI.

4 THE PUBLIC WORKS DEPARTMENT(A.E), MADURAI EAST CIRCLE, MADURAI.

+1 CC to M/s.A.BALAJI, Advocate ( SR-3834[I] dated 27/03/2024 )

ORDER

IN IN CRL OP(MD) No.2243 of 2024 Date :27/03/2024 SS/JGB/SAR- /03/04/2024/4P/10C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4