Madras High CourtCRL OP(MD)/9242/2022ordered

Senthilnathan v. The Inspector Of Police

2022-05-19Honourable Mrs Justice T.V.Thamilselvi2 pages

CRL.O.P.[MD].No.9242 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.05.2022

CORAM:

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL.O.P.[MD].No.9242 of 2022 Senthilnathan ... Petitioner Vs.

State represented by The Inspector of Police, AWPS-Pudukkottai Police Station, Pudukkottai District.

(Crime No.16/2019) ..Respondent PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the entire records pertaining to the order passed in Crl.M.P.No.882 of 2022, dated 04.03.2022 by the Principal District and Sessions Court, Pudukkottai to set aside the same and consequently modify the condition imposed in Crl.M.P.No.2156 of 2021 dated 02.07.2021.

For Petitioner : Mr.K.C.Maniyarasu For Respondent : Ms.M.Aasha, Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition is filed to set aside the order passed in Crl.M.P.No.882 of 2022, dated 04.03.2022 by the Principal District and Sessions Court, Pudukkottai and consequently modify the condition imposed in Crl.M.P.No.2156 of 2021 dated 02.07.2021.

2. It is the case of the petitioner that on the basis of the complaint given by his wife a case has been registered in Crime No.16 of 2019 for the offence under Sections 498(A), 323 and 506(i) IPC. The petitioner has filed a petition for anticipatory bail before the Principal District and Sessions Judge, Pudukkottai and he was granted anticipatory bail on condition that the petitioner shall deposit a sum of Rs.40,000/- (Rupees Forty Thousand only) every month on or before 10th day of the month to the defacto complainant's bank account as a maintenance. After filing the modification petition in Crl.M.P.No.2156 of 2021, the amount was reduced as Rs.30,000/- (Rupees Thirty Thousand only) per month by order dated 02.07.2021. Since the petitioner faced difficulties in paying the said amount, he has filed a petition in Cr.M.P.No.882 of 2022 to modify the condition and reduce the amount and the same was https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P.[MD].No.9242 of 2022 dismissed on 04.03.2022. Hence, the petitioner has filed this petition.

3. The learned counsel appearing for the petitioner would submit that due to pandemic situation, he is not getting job regularly and hence, he prayed to modify the condition of paying a sum of Rs.30,000/- (Rupees Thirty Thousand only) as interim maintenance.

4. Heard the learned Government Advocate (Crl. Side) appearing for the respondent.

5. Considering the facts and circumstances of the case and also considering the economic conditions of the petitioner, this Court is inclined to modify the condition imposed against the petitioner. Accordingly, the condition is modified to the effect that the petitioner is directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) every month on or before 10th day of the month to the bank account of the defacto complainant as maintenance until further orders.

6. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (Vacation Officer) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.The Inspector of Police, AWPS-Pudukkottai Police Station, Pudukkottai District. 2.The Principal District and Sessions Judge, Pudukkottai. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRL.O.P.[MD].No.9242 of 2022 19.05.2022 SA(26.05.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2