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Madras High CourtCRL MP(MD)/12378/2023dismissed

K.Vino v. The Inspector Of Police

2023-08-25Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Fifth day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.ILANGOVAN IN CRL OP(MD) No.6789 of 2022 K.VINO ... PETITIONER/PETITIONER Vs 1 State Rep.by THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MADURAI TOWN, MADURAI DISTRICT.

CRIME NO.3 OF 2022.

... 1ST RESPONDENT/1ST RESPONDENT (*)2 AMBIKA ... 2ND RESPONDENT/2ND RESPONDENT (*)(R2 IS SUO MOTU IMPLEADED AS PER ORDER OF THIS HON'BLE COURT DATED 12.04.2022 IN CRL OP (MD)NO.6789/2022 BY KMSJ) Criminal Miscellaneous 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 by this Honble Court in Crl.O.P.(MD)No.6789 of 2022 dated 04.08.2022 to the petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One Lakhs Only) to the credit of the crime no.3 of 2022 instead of the that the petitioner shall deposit a sum of Rs.6,00,000/- (Rupees Six Lakhs Only) to the credit of the crime No.3 of 2022.

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Order : This criminal miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of MR.D.S.HAROON RASHEED, Advocate for M/S.SHAKUL HAMEED.M, Advocate for the petitioner and of MR.R.SURESH KUMAR, Government Advocate (Crl.Side) on behalf of the 1st Respondent and MR.D.ANBARASU, Advocate on behalf of the 2nd Respondent, the court made the following order:- This petition has been filed to modify the condition imposed upon the petitioner in Crl.O.P.(MD).No.6789 of 2023, dated 04.08.2022 wherein, the petitioner was directed to deposit a sum of Rs.6,00,000/- (Rupees Six Lakhs only) to the credit of the Crime No.3 of 2022.

2.Only on the basis of undertaking given by the petitioner, the above said condition was imposed upon the petitioner. The learned counsel for the respondent would submit that in spite of repeated chance is given to the petitioner, he has not complied the condition. Even she moved cancellation of bail application, undertaking was given by the petitioner to abide the condition. Only on that ground it was adjourned. Mediation also failed, because of the in-different attitude of the petitioner. 3.The learned counsel for the petitioner would submit that the petitioner is working in a private company and drawn only Rs.15,000/- as monthly salary. So he is unable to comply the above said condition. Because of the financial condition, he is not in position to deposit such huge amount.

4. Such sort of request cannot be accepted.

5.Accordingly, this criminal miscellaneous petition stands dismissed. However, 2/3

the time for compliance of the above said order order dated 04.08.2022, is extended further period of three weeks from the date of receipt of a copy of this order. sd/- 25/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO 1 THE JUDGE, ADDITIONAL MAHILA COURT, MADURAI. 2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MADURAI TOWN, MADURAI DISTRICT.

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

+1 CC to M/s.M.SHAKUL HAMEED, Advocate ( SR-12802[I] dated 25/08/2023 ) +1 CC to M/s.D.ANBARASU, Advocate ( SR-12878[I] dated 28/08/2023 )

ORDER

IN IN CRL OP(MD) No.6789 of 2022 Date :25/08/2023 RS/VR/SAR-(07.09.2023) 3P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3