R. Seenivasan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twentieth day of November Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice P.VELMURUGAN CRL MP(MD) No.9541 of 2018 IN CRL A(MD) No.486 of 2018 R. SEENIVASAN ... PETITIONER/PETITIONER/APPELLANT Vs STATE REP.BY THE INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTION WING, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.
(IN CRIME NO. 04 OF 2009) ... RESPONDENT/RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to modify the condition No. (I) imposed in Crl.MP.No. 8643 of 2018 in Crl.A.No. 486/2018 on 26.10.2018 and permit the petitioner to execute a bond to a value of Rs.1,00,000/-.
PRAYER IN CRL A(MD) No.486 of 2018:- To set-aside the conviction and sentence imposed by the Special Court for Prevention of Corruption Cases and Chief Judicial Magistrate Court, Virudhunagar District at Srivilliputtur in Special C.C.No.4 of 2014 on 28.09.2018 and allow this Criminal Appeal. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.M.JOTHIBASU, Advocate for the petitioner and of M/S.S.BHARATHI, Government Advocate(Crl. Side) on behalf of the Respondent, the court made the following order:- This Court while suspending the sentence on 26.10.2018, in Crl.M.P. (MD)No.8643 of 2018, imposed the following conditions:- ''(i) The petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) to the credit of C.C.No.4 of 2014;
(ii) The petitioner shall be enlarged on bail, on his executing of a bond for Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of Special Court for Prevention of Corruption Cases and Chief
Judicial Magistrate Court, Virudhunagar District, Srivilliputhur;
(iii) The petitioner shall report before the Trial Court on 10th of every English Calendar month at 10.30 a.m. until further orders;
(iv) The petitioner shall attend trial without fail; (v) The petitioner shall not tamper with the evidence or witness; and (vi) On breach of any of the aforesaid conditions, the learned Trial Judge is entitled to take appropriate action, as if the conditions have been imposed and the appellant released on bail by the Trial Judge himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala reported in 2005 AIR SCW 5560.''
2.The petitioner has also complied with the conditions imposed by this Court dated 26.10.2018, in Crl.M.P.(MD)No.8643 of 2018. Now, the petitioner has filed the present Miscellaneous Petition to modify the condition No.I, imposed in Crl.M.P.(MD)No.8643 of 2018 in Crl.A.No.486 of 2018, on 26.10.2018 and permit him to execute a bond to the value of Rs.1,00,000/- on the ground that he is hailing from very poor family and he has no source of income to mobilize the said amount.
3.I have heard the learned counsel appearing for the parties and perused the materials on record.
4.Since the earlier order passed by this Court has been complied with, this Court is not inclined to modify the said order. Hence, this Miscellaneous Petition is dismissed. Registry to directed to prepare typed set of papers in the main appeal within a month and list the matter on 25.12.2018, for final hearing.
sd/- 20/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDGE, SPECIAL COURT FORPREVENTIN OF CORRUPTION CASES AND CHEIF JUDICIAL MAGISTRATE COURT, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTTUR.
2.THE INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTION WING, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.
COPY TO:- THE SECTION OFFICER, CRIMINAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL MP(MD) No.9541 of 2018 IN CRL A(MD) No.486 of 2018 Date :20/11/2018 AE/VR MMS/SAR1/04.12.2018/3P/4C