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Madras High CourtCRL MP(MD)/5453/2024modified

Vengatachalam v. The Sub Inspector Of Police

2024-05-24Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Fourth day of May Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY CRL MP(MD) Nos.5453 and 5454 of 2024 IN 1 VENGATACHALAM 2 GIRTHARAN 3 DHARMALINGAM ... Petitioners / Accused No.1 to 3 in both petitions Vs THE SUB INSPECTOR OF POLICE DISTRICT CRIME BRANCH, TRICHY DISTRICT.

(CRIME NO.10 OF 2024.) ... Respondent / Complainant in both petitions Prayer in CRL MP(MD). 5453/ 2024 :

To modify the condition imposed in Crl.O.P.MD.No.3856 of 2024, dated 26.03.2024 on the file of this Honble Court instead of executing sureties before the Judicial Magistrate, Musiri, the petitioners may be permitted to execute sureties before the Judicial Magistrate Court No.I, Trichy, and instead of the trial Court may disburse the said amount to the defacto complainant after obtaining appropriate affidavit from the defacto complainant that if the petitioners succeed in the trial, the petitioners are entitled for refund of said amount, the said deposited amount may be withdrawn after completion of the trial by the person who succeed in the trial. 1/4

Prayer in CRL MP(MD). 5454/ 2024 :

To grant extension of time granted in the order made in Crl OP(MD).No.3856 of 2024, dated 26.03.2024 on the file of this Hon`ble Court. Order : These criminal miscellaneous petitions coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.MANIKANDAN.V, Advocate for the petitioners in both petitions and of Mr.M.MUTHUMANIKKAM, Government Advocate (Crl. side) on behalf of the Respondent in both petitions, the Court made the following order:- Crl.O.P(MD)No.5453 of 2024 has been filed to modify the condition imposed in Crl.O.P.(MD)No.3856 of 2024 dated 26.03.2024 instead of executing sureties before the learned Judicial Magistrate, Musiri, the petitioner may be permitted to execute the sureties before the Judicial Magistrate No.I, Trichy. Crl.O.P (MD) No.

5454 of 2024 has been filed to extend the time. 2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. side)appearing for the respondent police. 3.Considering the facts and circumstances of the case, the condition already imposed on the petitioner is modified to the effect that the petitioner shall execute the sureties before the learned Judicial Magistrate No.I, Trichy and shall deposit a sum of Rs.23 lakhs before the learned Judicial Magistrate No.

trial. Time for executing the sureties is extended by four weeks from the date of receipt of a copy of this order.

4.The Criminal Miscellaneous Petitions are ordered accordingly. sd/- 24/05/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY To 1.The Judicial Magistrate, Musiri, Trichy District.

2.The Judicial Magistrate No.I, Trichy.

3.Do through the Chief Judicial Magistrate, Trichy District.

4.The Sub Inspector of Police, District Crime Branch, Trichy District.

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

+2 CC to M/s.V.MANIKANDAN, Advocate ( SR-5857 & 5858[I] dated 24/05/2024 ) 3/4

ORDER

IN CRL MP(MD) No.5453 of 2024 IN Date :24/05/2024 ED/ GS /SAR- (29/05/2024) 4P / 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4