Madras High CourtCRL MP(MD)/10594/2024disposed of

Sathish.M v. The State Of Tamil Nadu

2024-10-03Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Third day of October Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY IN CRL OP(MD) No.19286 of 2021 SATHISH.M ... PETITIONER/ACCUSED Vs THE STATE OF TAMIL NADU REP BY THE INSPECTOR OF POLICE, THATHAIYANGAR PET POLICE STATION, TIRUCHIRAPPALLI DISTRICT.

CRIME NO. 349/2021 ... RESPONDENT 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 in para 6(b) of Crl O.P (MD) No. 19286 of 2021 dt. 14.12.2022 in connection with Crime No. 349 of 2021 on the file of the respondent. 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.B.VETRIVEL, Advocate for the petitioner and of MR.A.ALBERT JAMES, Government Advocate(Crl.side) on behalf of the Respondent, the Court made the following order:- This petition is filed to modify the condition imposed on the petitioner in Crl.O.P.No.19286 of 2021 dated 14.12.2022.

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2. Heard the learned Counsel on either side.

3. In earlier order dated 14.12.2022, a condition was imposed to deposit a sum of Rs.2,70,000/- to the credit of the Crime No.349 of 2021, while enlarging the petitioner on anticipatory bail. It is seen that till date the condition is not complied with. The petitioner has come by way of modification. The Investigation Officer also has not proceeded further.

4. Considering the difficulty expressed by the learned Counsel for the petitioner and the submission made by the learned counsel of the petitioner that the petitioner is ready to deposit the sum of Rs.1,00,000/- upfront and some time may be granted to deposit the balance amount, the condition which was imposed by order, dated 14.12.2022 is modified as follows: (i) the petitioner shall deposit sum of Rs.1,00,000/- to the credit of Crime No.349 of 2021 at the time of execution of security and after the petitioner enlarged on bail, within eight weeks therefrom, the balance sum of Rs.1,70,000/- shall be deposited to the Crime No.349 of 2021.

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(ii) the Investigating Officer shall take note of the same and one week time is extended from the date of receipt of the copy of this order to comply with the above. The Investigation Officer shall take notice of the timeline and if it is not obeyed by the petitioner, the Investigation Officer shall proceed further with the investigation in accordance with the law.

4. With the above modification, this Miscellaneous Petition stands disposed of. sd/- 03/10/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

JBR TO 1 THE JUDICIAL MAGISTRATE, THURAIYUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE, THATHAIYANGAR PET POLICE STATION, TIRUCHIRAPPALLI DISTRICT.

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

+1 CC to M/s.K.PRAGADEESH KUMAR, Advocate ( SR-12216[I] dated 04/10/2024 )

ORDER

IN IN CRL OP(MD) No.19286 of 2021 Date :03/10/2024 SS/MMS/SAR- /21/10/2024/ 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4