Syed Sheik Bareeth v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of March Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN in Crl.O.P(MD)Nos.4446 and 4467 of 2023 SYED SHEIK BAREETH ... PETITIONER/PETITIONER IN CRL MP(MD)No.5098 of 2023 PRABU ... PETITIONER/PETITIONER IN CRL MP(MD)No.5100 of 2023 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE BATLAGUNDU POLICE STATION, DINDIGUL DISTRICT.
(CRIME NO.111/2023) ... RESPONDENT/RESPONDENT IN BOTH CASES PRAYER IN CRL MP(MD)No.5098 of 2023:
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, the petitioner shall deposit a sum of Rs.25,000/- to the credit in Crime No.111/2023 before the Learned Judicial Magistrate, Nilakottai without prejudice to their defence and only on such deposit the learned Magistrate shall accept the sureties furnished by the petitioners imposed by this Hon'ble Court upon the petitioners in CRL OP(MD)No.4446 of 2023 by order dated 09.03.2023.
Prayer in CRL MP(MD). 5100/ 2023 :
To modify the condition, the petitioner shall deposit a sum of Rs.25,000/- to the credit in Crime No.111/2023 before the Learned Judicial Magistrate, Nilakottai without prejudice to their defence and only on such deposit the learned Magistrate shall accept the sureties furnished by the petitioners imposed by this Hon'ble Court upon the petitioners in CRL OP(MD)No.4467 of 2023 by order dated 09.03.2023.
Order : These petitions coming up for orders on this day, upon perusing the petitions filed in support thereof and upon hearing the arguments of M/S.SIVA SUBRAMANIAN A, Advocate for the petitioner in both cases and of M/S.B.Thanga Aravindh, Government Advocate (Crl.Side) on behalf of the Respondent in both cases the court made the following order:- 1/3
These Criminal Miscellaneous Petitions have been filed to modify the condition "the petitioners shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the credit of Crime No.111 of 2023 before the learned Judicial Magistrate, Nilakottai without prejudice to their defence and only on such deposit the learned Magistrate shall accept the sureties furnished by the petitioners' imposed by this Court in Crl.O.P.(MD)Nos.4446 and 4467 of 2023, dated 09.03.2023.
2.The learned counsel for the petitioners would submit that due to financial crisis, they are unable to deposit the said amount within the time as prescribed by this Court. Hence, he would seek for modification.
3.Heard the learned Government Advocate (Crl. side) appearing for the respondent.
4.Considering the facts and circumstances of the case, the condition already imposed on the petitioners in para No.5(b) of the order passed by this Court in Crl.O.P.(MD)Nos.4446 and 4467 of 2023, dated 09.03.2023 shall standdeleted. All other conditions in the said order dated 09.03.2023 shall remain unaltered. 5.The time for surrender and execution of sureties is extended till 12.04.2023.
6.Accordingly, these Criminal Miscellaneous Petitions are allowed.
sd/- 29/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
SJI TO 1 THE JUDICIAL MAGISTRATE NILAKOTTAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE DINDIGUL DISTRICT.
3 THE INSPECTOR OF POLICE BATLAGUNDU POLICE STATION, DINDIGUL DISTRICT. 2/3
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.A.SIVASUBRAMANIAN, Advocate ( SR-5073[I] dated 29/03/2023 )
ORDER
IN in Crl.O.P(MD)Nos.4446 and 4467 of 2023 Date :29/03/2023 RK/BUC/SAR-4(31/03/2023) 3P/6C 3/3