S.James v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourth day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR IN CRL OP(MD) No.5814 of 2021 1 S.JAMES 2 J.INFANT RAJ 3 LILLI RANI ... PETITIONERS/PETITIONERS/ACCUSED 1 TO 3 Vs 1 STATE REPRESENTED BY THE INSPECTOR OF POLICE VAIAMPATTY POLICE STATION, TRICHY DISTRICT.

CR.NO. 142 OF 2021. ... RESPONDENT/RESPONDENT/COMPLAINANT 2 A.SARAVANAKUMAR ... RESPONDENT/RESPONDENT/DEFACTO COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to modify the condition imposed in paragraph 8(b) of the order dated 24.6.2021 in Crl.OP.No.5814 of 2021 by this Honble Court.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.SHANMUGARAJA SETHUPATHY.D, Advocate for the petitioners and of MR.M.MUTHUMANIKKAM, Government Advocate(Crl.side) on behalf of the 1st Respondent, the Court made the following order:- This Criminal Miscellaneous Petition has been filed seeking orders to modify the condition imposed in paragraph 8(b) of the order passed in Crl.O.P.(MD)No.5814 of 2021 dated 24.06.2021, wherein, this Court has directed the petitioners to deposit a sum of Rs.2,00,000/- to the Credit of Crime No.142 of 2021 before the learned Judicial Magistrate, Manapparai, Trichy District. 2.Heard the learned counsel for the petitioners as well as the learned counsel for the second respondent.

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3.When the matter was taken up for hearing on 26.07.2021, this Court, considering the submission made by the learned counsel for the petitioners, has directed the learned Government Advocate (Criminal Side) to get instructions from the investigating officer as to the exact value of the damage caused to the car, if necessary subjecting the car to the examination of the Motor Vehicle Inspector and file a report.

4.In pursuance of the same, the learned Government Advocate (Criminal Side) has filed a vehicle inspection report issued by the Motor Vehicle Inspector Grade -II, Manapparai, wherein, he has estimated the approximate repair cost of damage is Rs.20,000/-. 5.Considering the above, this Court is inclined to modify the condition and the petitioners are directed to deposit a sum of Rs.20,000/- to the credit of Crime No.142 of 2021 before the learned Judicial Magistrate, Manapparai, Trichy District, without prejudice to their rights and contentions before the trial Court in the above case.

6.The learned counsel for the petitioners would submit that the petitioners 1 and 3 are aged about 62 years and 61 years respectively and that the condition directing them to appear before the respondent police daily at 10.30 a.m., until further orders may be reconsidered.

7.Considering the nature of the offence alleged against the petitioners 1 and 3 and also the age of the petitioners 1 and 3, this Court is directs the petitioners 1 and 3 to appear before the respondent police as and when required for interrogation and other conditions shall remain unaltered.

8.Further time to surrender and execute bond is extended by two weeks from the date of receipt of a copy of this order. sd/- 04/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MANAPPARAI, TRICHY DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

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3 THE INSPECTOR OF POLICE VAIAMPATTY POLICE STATION, TRICHY DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. C.C. to M/S.SHANMUGARAJA SETHUPATHY D Advocate SR.No.2964

ORDER

IN IN CRL OP(MD) No.5814 of 2021 Date :04/04/2022 SS/SVR/SAR:IV/11.04.2022 : 3P/6C 3/3