Nagendrakumar v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Fourth day of October Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY NAGENDRAKUMAR ... PETITIONER/PETITIONER Vs THE STATE OF TAMILNADU REP. BY THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, THENI.
CRIME NO. 21/2024.
... RESPONDENT/RESPONDENT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to modify the condition imposed order dt.08.10.2024 in Crl.M.P.No.7311/2024 on the file of the learned Judicial Magistrate Theni in condition No.(1)the petitioner should deposit Rs.20,00,000/- in the said offence, the Said amount shall be converted into a fixed deposit till the disposal of this case or as per order of Honourable Court, instead of deposit the said amount os Rs. 20 Lakhs in two installments, enabling the petitioner to comply with the order.
ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.I.VELPRADEEP, Advocate for the petitioner and of MR.A.ALBERT JAMES, Government Advocate(Crl.side) for the Respondent, the court made the following order:- 1/4
This petition is filed to modify the condition imposed on the petitioner in Crl.M.P.No.7311 of 2021, dated 08.10.2024, on the file of the learned Judicial Magistrate, Theni.
2. Heard the learned Counsel on either side.
3. The learned Counsel for the petitioner would submit that the petitioner is unable to comply with the condition because he is in custody. He only seeks modification so that he can come out and pay the amount in three installments. Therefore, since the petitioner is in jail and considering the fact that the order is enlarging the petitioner on statutory bail and considering the submission made by the learned Counsel for the petitioner that the petitioner will pay a sum of Rs.8,00,000/- within one month from the date of coming out on bail and another sum of Rs.12,00,000/- will be paid in two monthly installments, thereafter and also considering the argument of the learned Counsel for the petitioner that in case the petitioner defaults, he can be again committed to prison, I am inclined to modify the condition imposed by the trial Court as follows: (i)The petitioner shall be enlarged on bail and within 30 days from the enlargement on bail, the petitioner shall deposit a sum of Rs.8,00,000/- 2/4
(Rupees Eight Lakhs only) and within another 30 days, therefrom, the petitioner shall deposit a sum of Rs.6,00,000/- (Rupees Six Lakhs only) and within another 30 days, therefrom, the petitioner shall deposit a sum of Rs.6,00,000 (Rupees Six Lakhs only). It is made clear that the there will be no extension of time under any nature whatsoever, under any circumstances.
(ii)If the petitioner fails to deposit even for one installment, the bail granted above shall be cancelled and the petitioner will be committed to prison without any further reference to this Court.
4. With the above modification, this Miscellaneous Petition stands allowed. sd/- 24/10/2024 / TRUE COPY / 24/10/2024 Sub-Assistant Registrar (PA-I/AD-I) Madurai Bench of Madras High Court, Madurai - 625 023.
jbr TO 1.THE JUDICIAL MAGISTRATE, THENI.
3/4
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI.
3.THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, THENI.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.I.VELPRADEEP, Advocate ( SR-13071[I] dated 24/10/2024 )
ORDER
IN Date :24/10/2024 RK/ (24/10/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4