Madras High CourtCRL MP(MD)/6353/2025allowed

Rajesh v. The State Of Tamilnadu

2025-06-02Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02-06-2025

CORAM

THE HONOURABLE MR JUSTICE P.VADAMALAI in CRL OP(MD) NO. 7252 OF 2025 Rajesh S/o.Packiyaraj, No.5, Madurai Mukku, Sivagangai, Sivagangai District.

Petitioner(s) Vs The State of Tamilnadu Rep by The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

Respondent(s) PRAYER : To modify the condition No.7(v) imposed by this Court in its order, dated 22.04.2025, passed in Crl.O.P.(MD)No.7252 of 2025 that the petitioner shall deposit a sum of Rs.40,000/- (Rupees Forty Thousand only) to the credit of Crime No.107 of 2025 before the learned Judicial Magistrate, Sivagangai. For Petitioner(s):

Mr.R.Sankarakutralingam For Respondent(s):

Mr.M.Karunanithi Government Advocate (Criminal Side) 1/4

ORDER

This Criminal Miscellaneous Petition has been filed to modify the condition imposed on the petitioner by this Court in Paragraph No.7(v) of the order, dated 22.04.2025, in Crl.O.P.(MD)No.7252 of 2025 that the petitioner shall deposit a sum of Rs.40,000/- (Rupees Forty Thousand only) to the credit of Crime No.107 of 2025 before the learned Judicial Magistrate, Sivagangai.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent.

3. The learned counsel for the petitioner submits that the petitioner is a poor man and is suffering from a physical ailment and is unable to deposit the sum of Rs.40,000/- (Rupees Forty Thousand only) as imposed by this Court in its order dated 22.04.2025 in Crl.O.P.(MD)No.7252 of 2025, due to his financial hardship. The petitioner was arrested on 28.02.2025 and is still under judicial custody. He further submits that the co-accused in the present case was also granted bail on 01.04.2025 by the Principal Sessions Judge, Sivagangai, without any condition requiring the deposit of the amount. Hence, he requests this Court to modify the condition imposed on the petitioner in Paragraph No.7(v) of the order dated 22.04.2025 passed in Crl.O.P.(MD)No.7252 of 2025.

4. Considering the facts and circumstances of the case, and also considering 2/4

the medical condition of the petitioner, this Court is inclined to modify the condition imposed on the petitioner in Paragraph No.7(v) of the order, dated 22.04.2025, passed by this Court in Crl.O.P.(MD)No.7252 of 2025.

5. Accordingly, this Criminal Miscellaneous Petition is allowed, and the condition imposed on the petitioner by this Court in Paragraph No.7(v) of the order dated 22.04.2025 in Crl.O.P.(MD)No.7252 of 2025 is ordered to be deleted. All other conditions shall remain unaltered.

sd/- 02/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

mkn TO 1 THE JUDICIAL MAGISTRATE, SIVAGANGAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 4 THE INSPECTOR OF POLICE, SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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+1 CC to M/s.R.SANKARAKUTRALINGAM, Advocate ( SR-5854[I] dated 02/06/2025 )

ORDER

IN CRL MP(MD) No.6353 of 2025 IN CRL OP(MD) No.7252 of 2025 Date :02/06/2025 NBF/02.06.2025 4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4