Madras High CourtCRL RC(MD)/518/2022allowed

Arogiadoss v. The Inspector Of Police

2022-06-14Honourable Mr Justice K.Murali Shankar2 pages

Crl. R.C.(MD)No.518 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 14.06.2022

CORAM

The Hon`ble Mr.Justice K.MURALI SHANKAR Crl. R.C.(MD)No.518 of 2022 Arogiadoss .. Petitioner Vs.

The State rep.by The Inspector of Police, Somarasampettai Police Station, Trichy District.

Crime No.1174 of 2020 .. Respondent Prayer : This criminal revision case is filed under Section 397 r/w. Section 401 of Cr.P.C., to call for the records and set aside and to relax the order dated 05.04.2022 made in Cr.M.P.No.1509 of 2022 on the file of the learned Principal District and Sessions Judge, Tiruchirappalli in so far as condition No.2 is concerned. For Petitioner : Mr.S.Sathyachidambaram, For Respondent : Mr.S.Manikandan, Government Advocate (Criminal Side)

ORDER

The Criminal Revision Case came to be filed seeking orders to modify the condition imposed in Cr.M.P.No.1509 of 2022, dated 05.04.2022 passed by the learned Principal District and Sessions Judge, Tiruchirappalli, wherein the petitioner was directed to execute the bond for a sum of Rs.10,00,000/- with two sureties each for a like sum to the satisfaction of the Judicial Magistrate No.V, Tiruchirappalli.

2.The learned counsel for the petitioner would submit that the learned Principal District and Sessions Judge has also imposed a condition, directing the petitioner to deposit a sum of Rs.50,000/- before the District Mineral Foundation Trust, Tiruchirappalli as non-refundable deposit and that the petitioner has already deposited the said amount. He would further submit that since the learned Judge has directed the petitioner to execute the bond for a sum of Rs.10,00,000/- with two sureties each for a like sum and he is not in a position to give surety for such amount. https://hcservices.ecourts.gov.in/hcservices/ 1 / 2

Crl. R.C.(MD)No.518 of 2022 3.Considering the facts and circumstances of the case and also the fact that the petitioner has already deposited a sum of Rs.50,000/- to the District Mineral Foundation Trust, Tiruchirappalli as per the direction of the Principal District and Sessions Court and also taking note of the fact that the second condition imposed is onerous, this Court is inclined to modify the second condition and the petitioner is directed to execute a bond for a sum of Rs.5,00,000/- with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate and all other conditions imposed, shall remain unaltered.

4.With the above modification, the Criminal Revision Case is partly allowed.

Sd/- Assistant Registrar (CO) // True Copy // /06/2022 Sub Assistant Registrar(CS) das 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 Principal District and Sessions Judge, Tiruchirappalli.

2.The Judicial Magistrate No.V,Trichy 3.The Inspector of Police, Somarasampettai Police Station, Trichy District.

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

Copy to:

The Section Officer,Criminal Section(Records), Madurai Bench of Madras High Court, Madurai.

Crl. R.C.(MD)No.518 of 2022 14.06.2022 MGJ(23.06.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2 / 2