Balamurugan @ Kansimitti v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty First day of December Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Crl.M.P.(MD)Nos.10033 and 10039 of 2021 in Crl.O.P.(MD)No.16842 of 2021 BALAMURUGAN @ KANSIMITTI ... PETITIONER/ PETITIONER IN BOTH THE PETITIONS Vs STATE REP.BY THE INSPECTOR OF POLICE, MADUKKUR POLICE STATION, (CRIME NO.483 OF 2021) ... RESPONDENT/ COMPLAINANT IN BOTH THE PETITIONS Prayer in CRL MP(MD). 10033/ 2021 :
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. 16842 of 2021 dated.01.11.2021 on the file of this Hon'ble Court. Prayer in CRL MP(MD). 10039/ 2021 :
To extend the time for execution of sureties in Crl.O.P.(MD) No.16842 of 2021 dated.01.11.2021 on the file of this Hon'ble Court. Order : These petitions coming up for orders on this day, upon perusing the petitions filed in support thereof and upon hearing the arguments of Mr.K.VEILMUTHU, Advocate for the petitioner in both the petitions and of Mr.P.KOTTAI CHAMY, Government Advocate(Criminal Side) on behalf of the Respondent in both the petitions, the court made the following order:- Crl.M.P.(MD)No.10033 of 2021 has been filed by the petitioner, seeking to modify the condition imposed by this Court, while granting anticipatory bail in Crl.O.P.(MD)No.16842 of 2021, vide order dated 01.11.2021.
2. Crl.M.P.(MD)No.10039 of 2021 has been filed by the petitioner, seeking to extend the time for execution of sureties in Crl.O.P.(MD)No.16842 of 2021 dated 01.11.2021. 1/3
3. The learned counsel appearing for the petitioner submits that this Court, while granting anticipatory bail to the petitioner, in Crl.O.P.(MD)No.16842 of 2021, directed the petitioner to pay a sum of Rs.45,000/- in favour of the District Green Committee, Thanjavur District. In fact, the petitioner herein is the driver of the vehicle and since he is earning meagre salary, he is not in a position to pay the said amount. Hence, he prays to modify the same.
4. The learned counsel for the petitioner further submits that in this case, there are totally two accused. The main accused, namely, the owner of the vehicle, has already paid a sum of Rs.45,000/- as directed by this Court in Crl.O.P.(MD)No.12214 of 2021. The said submission is admitted by the learned Government Advocate (Crl. Side).
5. Considering the submissions made by the learned counsel for the petitioner and also considering the reasons stated in the affidavit filed in support of the petition, the condition is modified to the effect the petitioner shall pay a sum of Rs.25,000/- in favour of the District Green Committee, Thanjavur District. Time already granted by this Court to execute the sureties is extended by ten days from the date of receipt of a copy of this order.
6. Accordingly, both the petitions are ordered. sd/- 21/12/2021 / TRUE COPY / / /2022 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, PATTUKOTTAI.
2.DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM 3.THE INSPECTOR OF POLICE, MADUKKUR POLICE STATION, 2/3
4.THE OFFICER INCHARGE, DISTRICT GREEN COMMITTEE, 5.THE OFFICER INCHARGE, STATE GREEN COMMITTEE, CHENNAI.
6.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+2 CC to M/s.K.VEILMUTHU, Advocate ( SR-9569 & 9567 [I] dated 21/12/2021 ) ORDER IN CRL.M.P.(MD)Nos.10033 and 10039 of 2021 IN CRL OP(MD) No.16842 of 2021 Date :21/12/2021 OGY MS/JC/SAR-2/04.01.2022/3P.9C 3/3