Karthikeyan v. The Inspector Of Police
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.8098 of 2023 KARTHIKEYAN ... PETITIONER/ACCUSED 2 Vs THE INSPECTOR OF POLICE CANTONMENT POLICE STATION, TRICHY CITY, TRICHY.
CRIME NO.1908/2022 ... 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 to the petitioner shall deposit Rs.500000/- to the credit of Cr.No.1908/2022 before the Judicial Magistrate Court No.II, Trichy in Crl.OP(MD)No.8093/2023 dated 28.04.2023.
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.RAJESH KANNAN, 1/3
Advocate for the petitioner and of Mr.R.SURESH KUMAR, Government Advocate (crl.side) on behalf of the Respondent, the court made the following order:- While passing the order, the petitioner and others were directed to deposit Rs.5,00,000/- each. After that, he filed Crl.M.P(MD) No.9749 of 2023 in Crl.O.P(MD) No.8098 of 2023 seeking modification of the condition along with extension petition, that was dismissed by this Court dated 1.07.2023. But however, time was extended for complying the above said condition by fifteen days. After that this petition has been filed stating that the first accused deposited Rs.5,00,000/- before the concerned trial Court and he executed bond also. So far, this petitioner is concerned, this petitioner is not in a position to comply the condition imposed upon him.
2. According to the learned counsel for the petitioner, the document executed in the year 2019 is a created one and he has not signed in the above said document cannot be taken into account and is the matter for consideration of the investigation officer and the trial Court.
3. A portion of the undertaking that was given by the petitioner was complied by him by withdrawing the suit that was filed by the petitioner before the Principal District Munsif Court, Tiruchirappalli, but remaining portion has not been complied.
4. The learned counsel for the petitioner going back to the original cause of action stating that the bond is a created one, but this cannot be taken into account. 2/3
5. I find absolutely no change of circumstance and hence this Criminal Miscellaneous Petition stands dismissed.
sd/- 25/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.
INDU TO 1 THE JUDICIAL MAGISTRATE NO.II, TRICHY.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
3 THE PRINCIPAL DISTRICT MUNSIF COURT, TIRUCHIRAPPALLI. 4 THE INSPECTOR OF POLICE CANTONMENT POLICE STATION, TRICHY CITY, TRICHY. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL MP(MD) No.12274 of 2023 IN CRL OP(MD) No.8098 of 2023 Date :25/08/2023 SA/VR/SAR. /08.09.2023/3P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3