M. Nagumuni v. The Inspector Of Police
CRL MP(MD) No.10127 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Second day of December Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL MP(MD) No.10127 of 2021 IN CRL OP(MD) No.13485 of 2021 M. NAGAMUNI ... PETITIONER/ACCUSED (RANK NOT KNOWN) Vs STATE REP. BY THE INSPECTOR OF POLICE, RAJAPALAYAM SOUTH POLICE STATION, VIRUDHUNAGAR DISTRICT.
(CR.NO. NOT KNOWN OF 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 in Crl.O.P.(MD).No.13485 of 2021 dt 01.10.2021 and pass such further or other orders as this Honourable 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 M/S.KARTHIKEYAVENKITACHALAPATHI., Advocate for the petitioner and of Mr.P.KOTTAI CHAMY, GOVT. ADVOCATE (CRL. SIDE) on behalf of the Respondent and Mr.M.SOLAI SAMY, ADVOCATE for Intervenor the court made the following order:- This petition has been filed seeking to modify the condition no.6(c) imposed in Crl.O.P.(MD)No.13485 of 2021, dated 01.10.2021. 2.This Court, while granting Anticipatory Bail to the petitioner, has passed the following order, incorporating certain conditions, of which, condition no.6(c) is extracted here under: "6(c). The petitioner shall draw a Demand Draft for a sum of Rs.4,00,000/-(Rupees Four Lakhs only) in the name of the defacto complainant and hand over the same to the respondent police within a period of 15 days from the date of receipt of a copy of this order and thereafter, the respondent police shall hand over the Demand Draft to the defacto complainant, after due verification.''
3. Heard, M.Karthikeyavenkitachalapathy, learned counsel for the petitioner and Mr.P.Kottai Chamy, learned Government Advocate (Criminal Side) appearing for the State.
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CRL MP(MD) No.10127 of 2021
4. According to the learned counsel for the petitioner, the petitioner undertook to pay only a sum of Rs.1 lakh at that relevant point of time, however, in the order, it was mentioned as if, ' the petitioner has to pay a full amount of Rs.4 lakhs', hence he seeks modification of the condition.
5.The learned counsel appearing for the defacto complainant has also confirmed the same that the offer made by the petitioner on that day was only a sum of Rs.1 lakh.
6.Considering the submissions made by the learned counsel for the respondent/defacto complainant, this petition is allowed and the condition 6(c) is modified as regards the payment of Rs.1 lakh only instead of Rs.4 lakhs.
7. The petition is ordered accordingly.
sd/- 02/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE, RAJAPALAYAM.
2.DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3.THE INSPECTOR OF POLICE, RAJAPALAYAM SOUTH POLICE STATION, VIRUDHUNAGAR DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.KARTHIKEYAVENKITACHALAPATHY, Advocate ( SR-8758[I] dated 02/12/2021 )
ORDER
IN CRL MP(MD) No.10127 of 2021 IN CRL OP(MD) No.13485 of 2021 Date :02/12/2021 SB/JC/SAR-III/17.12.2021/2P/6C https://hcservices.ecourts.gov.in/hcservices/