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Madras High CourtCRL OP(MD)/16743/2023dismissed

Balakrishnan v. The Inspector Of Police

2023-09-15Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifteenth day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD) No.16743 of 2023 BALAKRISHNAN ... PETITIONER / PETITIONER Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE CITY CRIME BRANCH POLICE STATION, TRICHY DISTRICT.

IN CRIME NO.5 OF 2023.

... RESPONDENT / 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 no.1 stipulated in CRL.M.P.No.3918 of 2023 on the file of the Principal District and Sessions Judge, Tiruchirappalli dated 23.08.2023. 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 M/S.ANANDAKUMAR.N, Advocate for the petitioner and of MR.S.MANIKANDAN, Government Advocate (Crl.Side) on behalf of the Respondent, the Court made the following order:- This petition has been filed to modify the condition No.1 imposed on the petitioner in Crl.M.P.(MD) No.3918 of 2023 on 23.08.2023 by the learned Principal District and Sessions Judge, Tiruchirappalli.

2.The learned counsel for the petitioner submitted that the condition to deposit Rs.5,00,000/- has been imposed upon the petitioner. But, there is no overt act attributed against the petitioner. Already, the petitioner has filed the application for modification before the concerned Court on the very same ground in Cr.M.P.No.4206 of 2023, dated 05.09.2023, but the same was dismissed. 3.The learned Government Advocate (Crl.Side) submitted that totally Rs.41,00,000/- involved in this matter.

4. Even though it has been stated by the learned counsel for the petitioner that only limited overt act attributed against the petitioner, considering the huge amount that is involved in this matter, this Court is not inclined to modifiy the above said condition.

5. Hence, this Criminal Miscellaneous Petition is dismissed. sd/- 15/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, TIRUCHIRAPPALLI.

2 THE INSPECTOR OF POLICE CITY CRIME BRANCH POLICE STATION, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.16743 of 2023 Date :15/09/2023 SS/JGB/22/09/2023/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023