Madras High CourtCRL OP(MD)/15323/2023dismissed

Haribalakrishnan v. The Inspector Of Police

2023-08-23Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 23/08/2023

CORAM

The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.15323 of 2023 Haribalakrishnan ... Petitioner/Petitioner/2nd Accused Vs State through The Inspector of Police, Rajapalayam South Police Station, Virudhunagar District.

(Crime No. 303 of 2023) ... Respondent/Respondent/Complainant For Petitioner : M/s.Veerakumar.T, Advocate.

For Respondent : Mr.R.Suresh Kumar, Government Advocate (Crl.Side) PRAYER :- This petition has been filed under Section 439()(b) and Secton 482 of Cr.P.C. to modify the condition of Rs. 1,00,000/- imposed as against the petitioner in Cr.M.P No. 4154 of 2023 dated 14.08.2023 on the file of the Learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputtur in connection with Crime No.303 of 2023 on the file of the 1st Respondent police.

ORDER

This Criminal Original Petition has been filed seeking modification of the condition of payment of Rs. 1,00,000/- imposed as against the petitioner in Cr.M.P No. 4154 of 2023 dated 14.08.2023 on the file of the Learned Principal District and 1/3

Sessions Judge, Virudhunagar District at Srivilliputtur. 2.The petitioner, who is A2, apprehending arrest at the respondent police for the offence punishable under Section 6(b) and 24(1) of Cigarette and other Tobacco Products Act, 2003, has been released on bail by the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputtur. While granting bail to the petitioner, considering the nature of offence, the trial Court imposed condition upon the petitioner to deposit a sum of Rs.1,00,000/- (Rupees one lakh only) to the District Mediation Centre, Virudhunagar District at Srivilliputhur. 3.Challenging the above said condition, the petitioners are before this Court. Considering the nature of offence only, the above said condition was imposed upon them by the trial Court. However, the petitioner without approaching the trial Court for modification, directly came to this Court. I find no reason to entertain this petition. This petition deserves to be dismissed. The petitioner can approach the concerned Court for modification.

4.Accordingly, this criminal original petition deserves to be dismissed. sd/- 23/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTTUR.

2 THE DISTRICT MEDIATION CENTRE, 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.

ORDER

IN CRL OP(MD) No.15323 of 2023 Date :23/08/2023 SSA/VR/05.09.2023/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3