Madras High CourtCRL OP(MD)/14132/2019allowed

Kaliammal v. The Sub Inspector Of Police

2019-10-04Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.14132 of 2019 1.Kaliammal 2.Kumar 3.Raja Lakshmi 4.Vellaiammal 5.Kaveri 6.Rajapandi 7.Vellachi ... Petitioners / Petitioners Vs State rep. by the Sub Inspector of Police, Othakadai Police Station, Madurai District.

Crime No.289 of 2019 ... Respondent/Respondent PRAYER: Petition filed under Section 439(ii)(b) Code of Criminal Procedure, to modify the condition imposed to surrender before the Judicial Magistrate, Melur, without depositing the amount of Rs.7000/- in Cr.M.P.No.3277 of 2019, dated 06.08.2019 on the file of the learned Principal District and Sessions Judge, Madurai. For Petitioners : Mr.R.Manoharan For Respondent : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

The petitioners are all family members. They were implicated in Crime No.289 of 2019 registered on the file of the Othakadai Police Station.

2.The petitioners were granted anticipatory bail by the learned Principal Sessions Judge, Madurai. However, they were directed to deposit cash surety of Rs.7,000/- each.

3. The petitioners counsel states that the petitioners are not able to mobilize this amount.

4. Considering the special circumstances pleaded by the petitioners, I am inclined to delete the aforesaid condition to deposit the cash surety of Rs.7,000/-. However, the petitioners are https://hcservices.ecourts.gov.in/hcservices/

directed to take a demand draft for a sum of Rs.15,000/- favouring the defacto complainant and enclose the same along with their surrender petition. The original demand draft will be handed over by the learned Magistrate to the defacto complainant through the respondent police. Time for surrender and execution of sureties is extended by two more weeks from the date of receipt of a copy of this order.

5.This criminal original petition is ordered on these terms.. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To 1 .The Principal District and Sessions Judge, Madurai.

2. The Sub Inspector of Police, Othakadai Police Station, Madurai District.

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

+1 CC to M/s.R.MANOHARAN, Advocate ( SR-17224[I] dated 04/10/2019 ) Crl.O.P(MD)No.14132 of 2019 04.10.2019 rmi VB(22.10.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/