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Madras High CourtCRL OP(MD)/10120/2021modified

Suresh v. The Inspector Of Police

2021-07-30Honourable Mr Justice G. Chandrasekharan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/07/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN

1. Suresh, S/o. Chinnapayal, Perumarudur, North Street, Melamalaikudi Taluk, Pudukottai District, Pudukottai..

2. Sudarsan, S/o. Chinnapayal, Perumarudur, North Street, Melamalaikudi Taluk, Pudukottai District, Pudukottai..

... Petitioners/Accused No. 1 & 2 Vs The Inspector of Police, Nagudi Police Station, Pudukottai District, Pudukottai.

Cr.No. 222 of 2021..

... Respondent/Complainant For Petitioners : M/s.Lajapathi Roy T, Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR MODIFICATION Under Sec.439(1)(B)R/W.482 of Cr.P.C. PRAYER :- To modify the condition in para no.3 imposed by Learned Principal District and Sessions Judge,Pudukottai District in 1/3

Crl.MP.No.2484 of 2021 dt.8.7.2021 in Cr.No.222 of 2021 on the file of Respondent police.

ORDER : The Court made the following order :- This petition has been filed to modify the condition imposed by the learned Principal Sessions Judge, Pudukottai in Crl.M.P.No.2484 of 2021 dated 08.07.2021, whereby directing the petitioners to deposit a sum of Rs. 50,000/- each as non refundable amount to the account of Tamil Nadu Chief Minister's Relief Fund (Account No.11720 10000 00070, IFSC Code: IOBA0001172).

2. The learned counsel for the petitioners would submit that the allegations against the each of the petitioners is that they said to have illegally transported two bags of river sand. 3.Considering the fact that the case involves illegal transportation of 2 bags of river sand each , in two, two wheelers, this Court is of the considered view that the condition imposed by the learned Principal Sessions Judge, Pudukottai directing the petitioners to deposit a sum of Rs.50,000/- each is a onerous condition.

4. Hence the condition imposed by the learned Principal Sessions Judge, Pudukottai directing the petitioners to deposit a sum of Rs.50,000/- each is modified to the effect that the petitioners shall deposit a sum of Rs.5000/- each as non refundable amount to the account of Tamil Nadu Chief Minister's Relief Fund (Account No.11720 10000 00070, IFSC Code: IOBA0001172). All other conditions shall remain unaltered.

5. The petition is ordered accordingly.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) AAV 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.

2/3

TO

1. The Principal Sessions Judge, Pudukottai

2. The Inspector of Police, Nagudi Police Station, Pudukottai District, Pudukottai.

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

Copy to The Officer in Charge, Chief Minister Relief fund, Fort Saint George, Chennai-9.

+1 CC to MR.T.LAJAPATHI ROY, Advocate ( SR-24864[F] dated 02/08/2021 ) CRL OP(MD) No.10120 of 2021 Date : 30/07/2021 MGJ(06.08.2021) 3P 6C 3/3