Mathankumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Sixth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI IN CRL OP(MD) No.3764 of 2024 MATHANKUMAR ... PETITIONER/PETITIONER Vs THE INSPECTOR OF POLICE BAZAAR POLICE STATION, RAMANATHAPURAM DISTRICT.

CRIME NO.44/2024.

... RESPONDENT/RESPONDENT 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 on the petitioner to pay a sum of Rs.1,00,000/- (Rupees One Lakh)vide order dt.08.03.2024 made in Crl OP(MD) No.3764/2024. 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.M.S.JAYAKARTHICK, Advocate for MR.S.VIDHYA SAGAR, Advocate for the petitioner and of MR.P.KOTTAICHAMY, Government Advocate (Crl.Side) on behalf of the Respondent, the court made the following order:- This Court by its order dated 08.03.2024, a condition was imposed upon the petitioner that he has to take a Demand Draft in favour of the defacto complainant a sum of Rs.1,00,000/- and produce the proof before concerned Judicial Magistrate while executing the sureties. Challenging the same, the present modification petition has been filed.

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2. The learned counsel for the petitioner would submit that the petitioner is unable to mobilise the fund. Hence, he seeks modification of the said condition. 3.The learned Government Advocate (Crl.Side) would submit that while obtaining the anticipatory bail, by the order in Crl.O.P(MD) No.3764 of 2024, dated 08.03.2024, the learned counsel for the petitioner submitted that the petitioner is ready to take a Demand Draft in favour of the defacto complainant for a sum of Rs.1,00,000/- on his own volition, without prejudice to his right before the concerned Court. However, challenging the same by way of filing the present petition is not sustainable.

4.Considering the facts and circumstances of the case and also considering the submissions made by the learned Government Advocate, this Criminal Miscellaneous Petition is dismissed.

5. In view of the above, time granted by this Court, vide order dated 08.03.2024, is extended for a period of two weeks from the date of receipt of copy of this order. sd/- 26/03/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE NO.I, RAMANATHAPURAM, 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM. 3 THE INSPECTOR OF POLICE, BAZAAR POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1 CC to M/s.S.VIDHYASAGAR, Advocate ( SR-3827[I] dated 27/03/2024 )

ORDER

IN IN CRL OP(MD) No.3764 of 2024 Date :26/03/2024 RS/VR/SAR-(03.04.2024) 3P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3