Madras High CourtCRL OP(MD)/15100/2018ordered

K.Sasikumar v. The Inspector Of Police

2018-08-28Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2018

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.15100 of 2018 K.Sasikumar .... Petitioner/Sole Accused Vs.

The State of Tamil Nadu Represented by the Inspector of Police Kenikkarai Police Station Ramanathapuram District (Crime No.209/2018) ..... Respondent/Complainant PRAYER: Criminal Original Petition is filed under Section 439(1)(b) of the Code of Criminal Procedure, to issue a direction to call for the records pertaining to the order insofar the condition (e) of the order in Crl.M.P.No.1599 of 2018 dated 16.08.2018 on the file of the Principal District and Sessions Judge, Ramanathapuram as if "The petitioner is directed to deposit the amount of Rs.50,000/- at the time of furnishing sureties in the Judicial Magistrate No.II, Ramanathapuram" and set aside the same as illegal. For Petitioner : Mr.I.Pinaygash For Respondent : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to issue a direction to call for the records pertaining to the order insofar the condition (e) imposed in Crl.M.P.No.1599 of 2018 dated 16.08.2018 on the file of the Principal District and Sessions Judge, Ramanathapuram and set aside the portion viz., "The petitioner is directed to deposit the amount of Rs.50,000/- at the time of furnishing sureties in the Judicial Magistrate No.II, Ramanathapuram" as illegal.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. 3.Considering the reasons stated in the petition, the condition (e) imposed in the order passed by the learned Principal District and Sessions Judge, Ramanathapuram is modified to the effect that the petitioner is directed to deposit a sum of Rs.30,000/- (Rupees thirty thousand only), in which, he shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) at the time of furnishing the https://hcservices.ecourts.gov.in/hcservices/

sureties before the learned Judicial Magistrate No.II, Ramanathapuram and to deposit a sum of Rs.20,000/- (Rupees twenty thousand only) in two installments within a month i.e he shall deposit a sum of Rs.10,000/- twice in a month. The other conditions imposed in Crl.M.P.No.1599 of 2018 dated 16.08.2018 remains unchanged.

4.Accordingly, this Criminal Original Petition is partly allowed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-IV) To 1.The Principal District and Sessions Judge, Ramanathapuram.

2.The Judicial Magistrate No.II, Ramanathapuram

3. Inspector of Police Kenikkarai Police Station Ramanathapuram District

4. The Superintendent, Central Prison, Madurai. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC to Mr.I.Pinaygash, Advocate, SR.No. 16284 Crl.O.P.(MD)No.15100 of 2018 28.08.2018 MSA ES/JM/SKN/RSK/SAR 4/28.08.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/