Mathavan v. The Inspector Of Police

Crl.O.P.(MD)No.11691 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.06.2023

CORAM

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.11691 of 2023 Mathavan ... Petitioner Vs.

State Rep by The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli.

... Respondent PRAYER :

Criminal Original Petition filed under Section 482 Cr.P.C., to modify the condition No.iii) imposed in Crl.M.P.No.4424 of 2023 dated 06.04.2023 by the learned Principal Sessions Judge at Tirunelveli.

For Petitioner :

Mr.T.S.Kani For Respondent :

Mr.B.Thanga Aravindh, Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to modify the condition No.iii) imposed in Crl.M.P.No.4424 of 2023 dated 06.04.2023 by the learned Principal Sessions Judge at Tirunelveli. 2.The petitioner is an accused in Cr.No.33 of 2023 and he was arrested and remanded to judicial custody on 09.02.2023. Thereafter, the petitioner preferred an application for bail before the learned Principal Sessions Judge, Tirunelveli in Crl.M.P.No.4424 of 2023. The Court below by an order dated 06.04.2023, granted bail to the petitioner with an condition that the petitioner has to deposit a sum of Rs.25,000/- before the learned Judicial Magistrate No.IV, Tirunelveli under the head of Cr.No.33 of 2023. 3.Now, the petitioner filed the present petition to modify the above said condition on the ground that the petitioner is a poor person and he is an agricultural coolie and therefore, he is not able to deposit the above said amount.

https://www.mhc.tn.gov.in/judis 1/2

Crl.O.P.(MD)No.11691 of 2023 4.Considering the above facts and circumstances of the case, the condition No. iii), with regard to deposit of amount, imposed on the petitioner in Cr.M.P.No.4424 of 2023 is alone hereby deleted. The other conditions imposed by the Court below is left intact. Accordingly, this criminal original petition is allowed. sd/- 30/06/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL SESSIONS JUDGE, TIRUNELVELI.

2 THE INSPECTOR OF POLICE TIRUNELVELI TOWN POLICE STATION, TIRUNELVELI DISTRICT.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO:

THE JUDICIAL MAGISTRATE NO.IV, TIRUNELVELI +1 CC to Mr.T.S.KANI, Advocate SR.No.31697

ORDER

IN CRL OP(MD) No.11691 of 2023 Date :30/06/2023 gns MK/05.07.2023 2P 6C https://www.mhc.tn.gov.in/judis 2/2