Madras High CourtCRL MP(MD)/8660/2021dismissed

Manikandan @ Ayyappan v. The Inspector Of Police

2021-11-11Honourable Mr Justice K.Murali Shankar2 pages

CRL MP(MD) No.8660 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eleventh day of November Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL MP(MD) No.8660 of 2021 in CRL OP(MD) No.12799 of 2021 MANIKANDAN @ AYYAPPAN ... PETITIONER/ACCUSED NO.1 Vs STATE REP.BY THE INSPECTOR OF POLICE, PULIANGUDI POLICE STATION, TENKASI DISTRICT.

(IN CRIME NO.399/2021) ... RESPONDENT/ COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Modify the condition imposed upon the petitioner in Crl O.P(MD) No. 12799 of 2021 order dated 07.09.2021 on the file of this Hon'ble court.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.G.KALIDOSS, Advocate for the petitioner and of Mr.RMS.SETHURAMAN, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- This petitioner has filed the above petition to modify the condition imposed by this Court in Crl.O.P.(MD)No.12799 of 2021, dated 07.09.2021, by directing him to deposit Rs.35,000/-(Rupees Thirty Five Thousand only) to the credit of the Chief Minister's Public Relief Fund.

2. Heard the learned Counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State and also perused the materials placed on record.

3. It is evident from the order passed in Crl.O.P.(MD)No.12799 of 2021 that this Court has observed as follows: " 5. Considering the nature of the mineral involved, the antecedents of the petitioner and his willingness to pay a sum of Rs.35,000/- to the credit of Chief Minister's Public https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.8660 of 2021 Relief Fund, this Court is inclined to grant anticipatory bail to the petitioner."

and thereafter, this Court passed an order directing him to pay a sum of Rs.35,000/-(Rupees Thirty Five Thousand only) to the credit of the Chief Minister's Public Relief Fund.

4. Since this Court has passed the said order only on the basis of the willingness of the petitioner, this Court does not find any merit in the contention now raised by the petitioner. Hence, this Criminal Miscellaneous Petition is liable to be dismissed. Accordingly, the same is dismissed.

sd/- 11/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.THE JUDICIAL MAGISTRATE SIVAGIRI, TENKASI DISTRICT.

2.DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3.THE INSPECTOR OF POLICE PULIANGUDI POLICE STATION, TENKASI DISTRICT.

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

COPY TO:

THE OFFICER INCHARGE GOVERNMENT OF TAMIL NADU, CHIEF MINISTER PUBLIC RELIEF FUND, SECRETARIAT, CHENNAI-9.

ORDER IN CRL MP(MD) No.8660 of 2021 in CRL OP(MD) No. 12799 of 2021 Date :11/11/2021 SSL MS/PN/SAR-3/16.11.2021/2P.6C https://hcservices.ecourts.gov.in/hcservices/ 2/2