Madras High CourtCRL OP(MD)/15859/2022disposed of

Subburaj v. The Sub Inspector Of Police

2022-09-02Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.09.2022

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.OP(MD)No.15859 of 2022 Subburai ... Petitioners/Petitioner/ Accused No.3 vs.

The Sub Inspector of Police, South Police Station, Thoothukudi, Thoothukudi District.

(Crime No.461 of 2022) ... Respondent/Respondent/ Complainant PRAYER: Criminal Original Petition filed under Section 439 (1) (b) of the Code of Criminal Procedure, to modify the bail condition that the petitioner/accused shall deposit a cash security of Rs.75,000/- (Rupees Seventy Five Thousand Only) before the learned Judicial Magistrate No.1 at Thoothukudi passed by the learned Principal District and Sessions Judge, Thoothukudi, Thoothukudi District, order dated 20.08.2022, in Crl.MP.No.4471 of 2022.

For Petitioners : Mr.S.Muthumalai Raja For Respondent : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) 1/4

O R D E R

This petition is filed to modify the condition passed by the learned Principal District and Sessions Judge, Thoothukudi, Thoothukudi District, in Crl.MP.No.4471 of 2022, dated 20.08.2022, that the petitioner/accused shall deposit cash security amount of Rs.75,000/- (Rupees Seventy Five Thousand Only) before the learned Judicial Magistrate No.1 at Thoothukudi.

2.This learned Principal District and Sessions Judge, Thoothukudi, Thoothukudi District, has granted bail to the petitioner on 20.08.2022 with condition that the petitioner/accused shall deposit a cash security of Rs.75,000/- (Rupees Seventy Five Thousand Only) before the learned Judicial Magistrate No.1 at Thoothukudi (the amount if deposited, shall be kept by the above Magistrate Court in Crl.C.D.a/c till the disposal of the case).

3.The grievance that has been expressed by the learned counsel for the petitioner is that since he was in jail, he was not in a position to 2/4

mobilize fund and also not in a position to comply the condition. Hence, he seeks modification.

4.The petitioner may approach the concerned Court for modification by setting out the facts and circumstances. If that is rejected, then he may approach this Court.

5.With the above said liberty, this Criminal Original Petition is disposed of.

02.09.2022 dss Index : Yes/No Internet: Yes Speaking/Non-Speaking order 3/4

G.ILANGOVAN , J.

dss To 1.The learned Principal District and Sessions Judge, Thoothukudi, Thoothukudi District.

2.The Sub Inspector of Police, South Police Station, Thoothukudi, Thoothukudi District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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