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Madras High CourtCRL OP(MD)/8323/2023ordered

Aiswarya v. The Inspector Of Police

2023-04-28Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.8323 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.8323 of 2023

1. Aiswarya

2. Sharmiladevi ... Petitioners Vs The Inspector of Police, Thanjavur Police Station, CCD-III District.

Cr. No. 11 of 2023.

... Respondent/Complainant For Petitioner : M/s.Arumugam.P, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PRAYER: Criminal Original Petition filed under Section 439(1)(b) r/w 482 of the Code of Criminal Procedure, to modify the bail condition imposed against the petitioners ie., 3(b) the petitioners shall deposit Rs.1,00,000/- on the account of this crime number in this Court, subject to the outcome of this case in Crl.M.P.No.972 of 2023 by the learned Judicial Magistrate No.I, Thanjavur, dated 27.03.2023 in respect of the condition No.3(b).

For Petitioners : Mr.P.Arumugam Advocate.

For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to modify the bail condition imposed in Crl.M.P.No.972 of 2023 on the file of the learned Judicial Magistrate No.I, Thanjavur, dated 27.03.2023 in respect of condition No.3(b).

2.The learned counsel appearing for the petitioners would submit that even though the bail petition was ordered on 27.03.2023, the petitioners were not able to make ready of sum of Rs.1,00,000/- https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.8323 of 2023 due to their poverty, they could not come out on bail and seeks modification of condition No.3(b).

3.Heard the learned counsel appearing on either side and perused the materials available on record.

4.The petitioners were ordered to be released on bail on 27.03.2023. Since the petitioners are in poverty, they could not be able to comply condition No.3(b) imposed by the trial Court. 5.Considering the above facts and circumstances, this Court is inclined to modify the condition. Accordingly, the order passed in Crl.M.P.No.972 of 2023 on the file of the learned Judicial Magistrate No.I, Thanjavur, dated 27.03.2023, regarding condition No.3(b) alone stands deleted. In respect of other conditions, the order of the learned Judicial Magistrate No.I, Thanjavur, shall remain unaltered.

6.Hence, this Criminal Original Petition is ordered. sd/- 28/04/2023 / TRUE COPY / 08/05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PS TO 1.The Judicial Magistrate No.I, Thanjavur.

2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

3.The Inspector of Police, Thanjavur Police Station, CCD-III District.

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

ORDER

IN CRL OP(MD) No.8323 of 2023 Date : 28/04/2023 NA/VR/SAR- /08.05.2023/2P/5C https://www.mhc.tn.gov.in/judis 2/2