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Madras High CourtCRL OP(MD)/10728/2021ordered

Prakash v. The Inspector Of Police

2021-08-05Honourable Mr Justice B.Pugalendhi2 pages

CRL OP(MD). No.10728 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/08/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.10728 of 2021 Prakash, S/o.Rajamani, Chinnalapatti, Dindigul District.

... Petitioner/Petitioner Vs The Inspector of Police, Chinnalapatti Police Station, Dindigul District.

(In Crime No.125/2021) ... Respondent/Respondent Prayer: This petition filed under Section 439(1)(B) and 482 of Cr.P.C. seeking to modify the condition imposed on the petitioner in Crl.M.P.No.2077 of 2021 on the file of the learned Principal Sessions Judge, Dindigul, dated 12.07.2021, so for as the imposition of condition to the petitioner directing him to deposit a sum of Rs.25,000/- cash security in the District Munsif cum Judicial Magistrate Court, Aathoor as surety to the credit of Crime No.125/21 of Chinnalapatti Police Station.

For Petitioner : M/s.Mayilvahana Rajendran Advocate.

For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side)

ORDER

This petition has been filed to modify the condition of depositing a sum of Rs.25,000/- cash security in District Munsif cum Judicial Magistrate Court, Aathoor, as surety to the credit of Cr.No.125 of 2021 of Chinnalapatti Police station, imposed on the petitioner by the learned Principal Sessions Judge, Dindigul, while granting bail on 12.07.2021 in Crl.M.P.No.2077 of 2021. 2.The learned counsel for the petitioner submits that since the petitioner is a daily wage employee, he could not mobilize the funds to deposit the amount as directed by the learned Principal Sessions Judge, Dindigul. Hence, the learned counsel for the petitioner seeks indulgence of this Court to modify the said condition. The learned counsel for the petitioner further submits that the petitioner is languishing in jail from 26.04.2021. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.10728 of 2021 3.Considering the submissions made by the learned counsel for the petitioner, this Criminal Original Petition is allowed and the condition of depositing a sum of Rs.25,000/- cash security in District Munsif cum Judicial Magistrate Court, Aathoor as surety to the credit of Cr.No.125 of 2021 of Chinnalapatti Police station, imposed on the petitioner in Crl.M.P.No.2077 of 2021, alone is set aside. The other conditions remain unaltered. Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) 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 learned Principal Sessions Judge, Dindigul.

2.The District Munsif cum Judicial Magistrate, Aathoor.

3.The Inspector of Police, Chinnalapatti Police Station, Dindigul District.

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

CRL OP(MD).No.10728 of 2021 Date:05/08/2021 RS (24.08.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2