Madras High CourtCRL MP(MD)/5965/2022ordered

Rethna Kumar v. The Sub Inspector Of Police

2022-05-06Honourable Mr Justice M.S. Ramesh2 pages

CRL MP(MD). No.5965 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Appellate Jurisdiction Friday, the Sixth day of May Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice M.S.RAMESH CRL MP(MD). No.5965 of 2022 in CRL RC(MD).No.975 of 2021 Rethna Kumar ... Petitioner/Petitioner Vs The Sub Inspector of Police Thiruvattar Police Station, Thiruvattar Kanyakumari District (Crime No.378 of 2021) ... Respondent/Respondent Prayer :- This Petietion is filed undersection 482 of Cr.P.C to modify the condition that the petitioner shall furnish the bank guarantee for Rs. 10,95,000/- imposed by order dated. 17.02.2022 in Crl.R.C.(MD) No. 975 of 2021 and instead direct the petitioner to produce property solvency certificate equivalent to the same. Prayer in CRL RC(MD).No.

975 of 2021 Criminal Revision case filed under section 397 and 401 Cr.P.C praying to call for the records relating to the case in Cr.M.P.No.8922 of 2021 on the file of the Judicial Magistrae No.II,Padmanabhapuram, Kanyakumari District dated 26.11.2021 in crime No,378 of 2021 on the file of the respondent police and set aside the same.

ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Thiru.C.T.Perumal, Advocate for the Petitioner and of Thiru.R.Sivakumar, Government Advocate for the respondent, this Court made the following order: This petition is filed to modify the conditions imposed by this Court in Crl.R.C.(MD).No.975 of 2021, dated 17.02.2022. 2.The learned counsel appearing for the petitioner submitted that the petitioner was unable to produce bank guarantee for a sum of Rs.10,95,000/-, since the said amount is meant for the marriage of the petitioner's daughter.

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CRL MP(MD). No.5965 of 2022 3.Heard the learned counsel for the petitioner and the learned Government Advocate(Crl.Side) for the respondent. 4.Considering the submission made by the petitioner, the condition imposed on the petitioner in paragraph No.4 in the said Crl.R.C.(MD).No.975 of 2021 by its order dated 17.02.2022 directing the petitioner to furnish the bank guarantee for the equal sum shall stand modified as follows:

"4. ......the petitioner shall furnish the guarantee through deposit of title deeds of immovable properties for the equal sum......" All other conditions in the said order shall remain intact. 5.Accordingly, this criminal miscellaneous petition is modified.

Sd/- Vacation Officer/ Assistant Registrar // True Copy // / /2022 Sub Assistant Registrar(CS) vsg/trb TO 1.The Judicial Magistrae No.II, Padmanabhapuram, Kanyakumari District

2. The Sub Inspector of Police Thiruvattar Police Station Thiruvattar Kanyakumari District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +1 CC to M/S.C.T.PERUMAL, Advocate, SR-23477, dated 06/05/2022 ORDER DATED : 06/05/2022 ==========================

ORDER

========================== CRL MP(MD). No.5965 of 2022 in CRL RC(MD).No.975 of 2021 Giving direction and etc.

as stated within.

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