Russel Raj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Second day of October Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY CRL MP(MD) Nos.11230 & 11232 of 2024 IN RUSSEL RAJ ... PETITIONER/PETITIONER in BOTH THE PETITIONS Vs THE INSPECTOR OF POLICE VADAMADURAI POLICE STATION, DINDIGUL DISTRICT.
(CRIME NO.399/2023).
... RESPONDENT/RESPONDENT in BOTH THE PETITIONS 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 the petitioner shall make a nonrefundable deposit of Rs.20,000/- (Rupees Twenty Thousand only) through demand draft to the credit of the Chairman/District Collector, District Mineral Foundation Trust of the concerned District" imposed in the Condition order passed in Crl.O.P(MD).No.23418 of 2023 dated 02-01-2024 as "the petitioner shall make a nonrefundable deposit of Rs.20,000/-(Rupees Twenty Thousand only) to the credit of the Chairman/District Collector, District Mineral Foundation Trust of the concerned District by extending the time stipulated in the order".
Prayer in CRL MP(MD). 11232/ 2024 :
To extend the time stipulated in Crl.MP(MD) No. 7058/2024 in Crl.OP(MD) No. 23418/2023 by this Honble Court that the time for executing the sureties is extended for a period of two weeks from the date of receipt of a copy of this order. 1/4
Order : These Criminal Miscellaneous Petitions coming up for orders on this day, upon perusing the petitions filed in support thereof and upon hearing the arguments of MR.B.AZHAGESH, Advocate for the petitioner in both the petitions and of Mr.A.ALBERT JAMES, Government Advocate(Crl.side) on behalf of the Respondent in both the petitions, the Court made the following order:- These petitions have been filed to modify the condition in paragraph No.7 of the order passed by this Court, in Crl.OP(MD)No.23418 of 2023, dated 02.01.2024, and extend the time limit.
2. The learned counsel for the petitioner would submit that by the order dated 02.01.2024, this Court has released the petitioner on anticipatory bail with certain conditions. One of the conditions is that the petitioner should deposit a sum of Rs.20,000/- to the credit of the concerned District Mineral Foundation Trust. Instead of taking Demand Draft, the petitioner has deposited the said amount directly into the account of the concerned District Mineral Foundation Trust, and also obtained a challan to that effect. A copy of the challan also enclosed with the typed set of papers. At the time of furnishing sureties, when the same was submitted before the trial Court, the same has not been accepted as a valid document. Hence, this petition.
3. When the order of this court has been substantially complied with by depositing the sum of Rs.20,000/- and to that effect the challan has also been 2/4
produced, the same can be treated as a valid document. Therefore, the petitioner is directed to represent the surety documents filed by him within a period of one week from the date of receipt of a copy of this order, and the challan shall also be taken as a proper document, and accordingly, the petitioner's sureties can be considered and an order shall be passed by the learned Magistrate on merits in accordance with law.
4. With the above directions, these Criminal Original Miscellaneous Petitions are disposed of.
sd/- 22/10/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
DSS TO 1 THE JUDICIAL MAGISTRATE, VEDASANDUR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.
3 THE INSPECTOR OF POLICE VADAMADURAI POLICE STATION, DINDIGUL DISTRICT. 3/4
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL MP(MD) Nos.11230 & 11232 of 2024 IN Date :22/10/2024 SS/SKN/SAR- /19/11/2024/ 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4