Madras High CourtCRL OP(MD)/11657/2022disposed of

Bakkiyarasu v. The Inspector Of Police

2022-06-30Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 30.06.2022

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.11657 of 2022 Bakkiyarasu ... Petitioner/Petitioner/Sole Accused Vs.

The State Rep by The Inspector of Police, Karambakkudi Police Station, Pudukkottai District.

(Crime No.151 of 2022) ...

Respondent/Respondent/Complaint Prayer:Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records in Cr.M.P.No.1765 of 2022 on the file of the Principal District and sessions Court, Pudukkottai and to set aside as far as concerned the onerous condition No.3) alone imposed in the impugned order directing the petitioner to remit a sum of Rs.75,000/- as non refundable amount to the Mediation and Conciliation Centre, Pudukkottai. For Petitioner : Mr.S.C.Herikd Singh For Respondent : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) 1/4

ORDER

This Criminal Original Petition is filed to set aside the onerous condition No.3 alone imposed in the impugned order passed by the Principal District and sessions Court, Pudukkottai, in Cr.M.P.No.1765 of 2022, dated 11.05.2022, directing the petitioner to remit a sum of Rs. 75,000/- as non refundable amount to the Mediation and Conciliation Centre, Pudukkottai.

2. The case of the prosecution is that the petitioner has filed a petition for anticipatory bail in Cr.M.P.No.1765 of 2022 before the learned Principal District and sessions Court, Pudukkottai, and the same has been granted to the petitioner on conditions. One of the condition is that the petitioner under takes to remit a sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) as non refundable amount to the Mediation and Conciliation Centre, Pudukkottai. The petitioner wants modification in the above said condition. 3.The learned counsel for the petitioner would submit that the due to the onerous condition imposed by the learned Judge, the petitioner is not in a position to surrender before the concerned Court and to execute the surety. Hence, he seeks modification in the above said condition. 2/4

4.Considering the facts and circumstances of the case, the petitioner can very well approach the concerned Court for appropriate remedy. If rejected, then he can approach this Court. Without approaching the concerned Court, approaching this Court is not permissible. 5.With the above said direction and liberty, this Criminal Original Petition is disposed of.

30.06.2022 Internet:Yes Index:Yes/No Speaking order/Non-Speaking order dss 3/4

G.ILANGOVAN ,J., dss To 1.The Principal District and sessions Court, Pudukkottai.

2.The Inspector of Police, Karambakkudi Police Station, Pudukkottai District.

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

Crl.O.P.(MD)No.11657 of 2022 30.06.2022 4/4