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Madras High CourtCRL MP(MD)/3466/2020allowed

Sivakumar v. The Inspector Of Police

2020-07-10Honourable Mr Justice G.R.Swaminathan2 pages

CRL MP(MD). No.3466 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Criminal Jurisdiction ) Date : 10/07/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL MP(MD). No.3466 of 2020 in CRL OP(MD). No.6156 of 2020 Sivakumar, ... Petitioner/Petitioner Vs State rep.by through The Inspector of Police, All Women Police Station, Lalgudi, Tiruchirappalli District.

... Respondent/ Respondent For Petitioner : M/s.N.Sivasubramani, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR RELAXATION Under Sec.439(1)b of Cr.P.C PRAYER :- To modify the condition imposed upon the petitioner by the order passed by this Honourable Court in Crl.O.P.(MD) No.6156 of 2020 dated 12/06/2020 and thus render justice. ORDER : The Court Made the following order :- This petition has been filed to modify the condition imposed upon the petitioner vide order passed by this Court in Crl.O.P.(MD) No.6156 of 2020 dated 12/06/2020.

2. Heard the learned counsel on either side.

3. The petitioner was granted bail by this Court on 12.06.2020 subject to certain conditions. The petitioner's counsel seeks modification of the said condition. He states that the petitioner would abide by the direction to pay a sum of Rs.5,000/- as monthly https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD). No.3466 of 2020 maintenance to the victim. But he is unable to raise the sum of Rs.50,000/- that was directed by this Court to be paid in one lump sum.

4. The petitioner's contention appears to be justified because even though this Court granted bail on 12.06.2020, till he has not come out on bail. Therefore, condition No.1 is modified and instead of Rs.50,000/-, the petitioner shall take a Demand Draft for a sum of Rs.10,000/-(Rupees Ten Thousand only) favouring the victim. Upon enclosure of which, the petitioner can come out on bail.

4. This petition is allowed accordingly.

sd/- 10/07/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : . In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. The Judicial Magistrate, Lalgudi.

2. -Do-Through The Chief Judicial Magistrate, Tiruchirappalli

3. The Superintendent, Central Prison, Trichy.

4. The Inspector of Police, All Women Police Station Lalgudi, Trichy District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL MP(MD) No.3466 of 2020 IN CRL OP(MD) No.6156 of 2020 Date :10/07/2020 PMU AE/PN/SAR-II (10.07.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2