← Library
Madras High CourtCRL OP(MD)/18134/2019ordered

Lingaraj v. The Inspector Of Police

2019-12-04Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.(MD)No. 18134 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.12.2019

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No. 18134 of 2019

1. Lingaraj

2. Thiraviyaraj ... Petitioners/ 2nd & 3rd Petitioners/ Accused Nos.2 & 3 Vs State rep. by The Inspector of Police, Manamelgudi Police Station, Trichy District.

(Crime No. 145 of 2019) ... Respondent/ Respondent/ Complainant Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to modify the order passed in Crl.M.P. No. 3363 of 2019 dated 27.11.2019 on the file of the learned Principal and Sessions Judge, Pudukkottai to deposit a sum of Rs. 60,000/-each and produce the first petitioner's original Driving License.

For Petitioner : Mr.T. Veerakumar For Respondent : Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking to modify the order passed in Crl.M.P. No. 3363 of 2019 dated 27.11.2019 on the file of the learned Principal and Sessions Judge, Pudukkottai to deposit a sum of Rs. 60,000/-each and produce the first petitioner's original Driving License.

2. The learned counsel appearing for the petitioner would submit that the petitioners/A2 & A3 were arrested and remanded into judicial custody on 22.11.2019 by the respondent police in Crime No. 145 of 2019 for the offences under Sections 379, 420, 465, 468, 471 of IPC r/w 21(1), (2) of Mines and Minerals (Development and Regulation) Act 1957. He would further submit that the petitioners have filed an application for bail in Crl.M.P. No. 3363 of 2019 before the learned Principal Sessions Judge, Pudukkottai and the same was allowed and granted bail on 27.11.2019 on condition that https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No. 18134 of 2019 the petitioners should deposit a sum of Rs.60,000/-each, as cash security before the learned Judicial Magistrate, Aranthangi. He would further submit that the petitioners are respectively; driver and cleaner of the lorry and the first accused who is owner of the lorry has paid the amount and he has come out on bail. The petitioners being employees are unable to deposit the aforesaid amount due to their poor financial status and hence, the petitioners are before this Court seeking for modification of the order directing the petitioners to deposit a sum of Rs.60,000/-. He would further submit that the petitioners are prepared to deposit Rs.10,000/-each.

3. Heard the learned Additional Public Prosecutor appearing for the respondent and perused the materials available on record.

4. In view of the aforesaid submissions made by the learned counsel appearing for the petitioners, the condition imposed by the learned Principal Sessions Judge, Pudukkottai in Crl.M.P. No. 3363 of 2019, dated 27.11.2019 that the petitioners shall deposit a sum of Rs.60,000/-each, as security before the learned Magistrate, Aranthangi is modified to the effect that the petitioners shall deposit a sum of Rs.10,000/-each and all other conditions remain unaltered.

Sd/- Assistant Registrar (AD-II) // True Copy // Sub Assistant Registrar To

1. The Principal Sessions Judge, Pudukkottai.

2. The Judicial Magistrate, Aranthangi.

3. The Inspector of Police, Manamelgudi Police Station, Trichy District.

Copy To:

The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1CC TO Mr.T.VEERAKUMAR, Advocate, Sr No.103256 Crl.O.P.(MD)No.18134 of 2019 04.12.2019 KK/SAR/04.11.2019/2P.6C https://hcservices.ecourts.gov.in/hcservices/ 2/2