Madras High CourtCRL MP(MD)/6498/2019dismissed

Viknesh @ Dinesh v. The Inspector Of Police

2019-07-29Honourable Mr Justice P. Rajamanickam2 pages

CRL MP(MD). No.6498 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Criminal Jurisdiction ) Date : 29/07/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL MP(MD). No.6498 of 2019 in CRL OP(MD). No.6699 of 2019 Viknesh @ Dinesh, ... Petitioner/Petitioner/Accused No.3 Vs State represented by The Inspector of Police, Kottar Police Station, Kottar, Kanyakumari District (Crime.No.162 of 2019).

... Respondent/Respondent/Complainant For Petitioner : M/s.K.Sivabalan, Advocate.

For Respondent : Ms. Anantha Devi, Government Advocate (Crl.Side) PETITION FOR MODIFICATION Under Sec.439(1)b of Cr.P.C PRAYER :- To modify the condition imposed upon the petitioner in Crl.OP.No.6699/2019 order dated 25.06.2019 in so far as the condition to deposit a sum of Rs.50,000/- in Cr.No.162/2019 before the JM NO.II, Nagercoil.

ORDER : The Court Made the following order :- The petition has been filed to modify the condition imposed on the petitioner in CRL OP(MD) No.6699 of 2019.

2. The learned counsel for the petitioner would submit that in the original order in Crl.O.P(MD) No.6699 of 2019 dated 13.06.2019, this Court has directed each of the petitioners to deposit a sum of Rs.50,000/- towards crime number 162 of 2019 before the learned Judicial Magistrate No.II, Nagercoil, but it was omitted to mention in the original order and hence the matter was posted under the caption for being mentioned and this Court after hearing the learned https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD). No.6498 of 2019 counsel for the petitioner has incorporated the aforesaid condition 3.He further submitted that thereafter on 10.07.2019, the parties have settled the matter and the accused has directly paid the amount to the defacto complainant, therefore he requested to modify the said condition.

4. This Court is not concerned about the subsequent development. As per the undertaking given by the petitioner, he has to deposit the said amount before the Court irrespective of any settlement arrived at between the parties.

5. Hence the request made by the learned counsel for the petitioner to modify the said condition stands rejected and accordingly his petition is dismissed.

sd/- 29/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II NAGERCOIL 2 DO THROUGH:

THE CHEIF JUDICIAL MAGISTRATE KANYAKUMARI AT NAGERCOIL 3 THE INSPECTOR OF POLICE KOTTAR POLICE STATION, KOTTAR, KANYAKUMARI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to M/S.K.SIVABALAN Advocate SR.No.12479

ORDER

IN CRL MP(MD) No.6498 of 2019 IN CRL OP(MD) No.6699 of 2019 Date :29/07/2019 KM/VR/SAR-II (14.08.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2