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Madras High CourtCRL MP(MD)/7923/2020ordered

K.Selva Senthil v. The Inspector Of Police

2021-01-04Honourable Mr Justice M. Nirmal Kumar2 pages

CRL MP(MD) No.7923 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourth day of January Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL MP(MD) No.7923 of 2020 IN CRL OP(MD) No.13954 of 2020 K.SELVA SENTHIL ... PETITIONER/ACCUSED RANK NOT KNOWN Vs STATE THROUGH THE INSPECTOR OF POLICE, TOWN WEST POLICE STATION, DINDIGUL, DINDIGUL DISTRICT.

(IN CRIME NO.2501 OF 2020) ... 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 in Crl.O.P.(MD)No.13954 of 2020 dated 03.12.2020 directing the petitioner to deposit the amount before the Honble Judicial Magistrate Court No.1, Dindigul, Dindigul District to extend the time for abiding the condition. Order :This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.C.SUSI KUMAR, Advocate for the petitioner and of MR.M.V.CHANDRASEKARAN, Government Advocate(Crl.Side) on behalf of the Respondent, the court made the following order:- This petition has been filed to modify the condition imposed in Crl.O.P(MD) No.13954 of 2020 dated 03.12.2020 directing the petitioner to deposit the amount before the Judicial Magistrate Court No.I, Dindigul.

2. This Court by an order dated 03.12.2020 granted anticipatory bail to the petitioner who is arrayed A2 in Crime No. 2501 of 2020 for the offence under Section 436 of IPC.

3. The case of the prosecution is that due to previous enmity the accused persons have set fire to the three two wheeler belonging to the defacto complainant and a portion of the house was burnt and the damage was worth about Rs.6 lakhs. This Court considering the same granted anticipatory bail to the petitioner with a condition directing the petitioner to pay a sum of Rs.3,00,000/- to the defacto complainant and on such deposit being made the learned https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.7923 of 2020 Magistrate shall accept the sureties furnished by the petitioner. But the learned counsel for the petitioner now submits that he is having fairly a good case and he has some objection in giving the said amount to the defacto complainant.

4.This Court on merits of the case has granted anticipatory bail to the petitioner specifically directing him to pay a sum of Rs.3,00,000/-to the defacto complainant. Considering the apprehension of the petitioner this Court directs the defacto complainant to file an affidavit before the concerned Court to the effect that the receipt of the said amount received by the defacto complainant is subject to the out come of the case. 5.It is also made clear that the payment of the said amount shall no way affect the right of the petitioner. Further two weeks time is extended to comply with the conditions. sd/- 04/01/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.I,DINDIGUL, DINDIGUL DISTRICT.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3.THE INSPECTOR OF POLICE, TOWN WEST POLICE STATION, DINDIGUL, DINDIGUL DISTRICT.

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

+1. C.C. to M/S.SUSI KUMAR.C Advocate SR.No.16

ORDER

IN CRL MP(MD) No.7923 of 2020 IN CRL OP(MD) No.13954 of 2020 Date :04/01/2021 AAV PK/SMA/SAR-I/07.01.2021 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2