J.Viyagappan v. The Inspector Of Police
CRL MP(MD) No.15731 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of December Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CRL MP(MD) No.15731 of 2022 IN CRL OP(MD) No.19694 of 2022 J.VIYAGAPPAN ... PETITIONER/CCUSED No.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE PAVOORCHATHIRAM POLICE STATION, TENKASI DISTRICT (CRIME NO.428 OF 2021) ... RESPONDENT/COMPLAINANT 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 Crl.OP(MD)No.19694 of 2022 dated 08.11.2022 direct the Hon'ble Judicial Magistrate, Tenkasi, Tenkasi District to accept the sale deed produced by the petitioner as per the direction of this Hon'ble Court order in connection para 6 (ii) of the order dated 08.11.2022.
Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.MAHARAJA.S, Advocate for the petitioner and of Mr.T.SENTHILKUMAR, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- This Petition has been filed to modify the condition imposed in Crl.O.P(MD).No.19694 of 2022, dated 08.11.2022 and direct the Judicial Magistrate, Tenkasi, Tenkasi District to accept the sale deed produced by the petitioner as per the direction of this Court.
2. The learned counsel for the petitioner would submit that while this Court granting bail to the petitioner had imposed a condition No.6(ii) that "the petitioner is directed to deposit the original sale deed to the tune of Rs.5,00,000/- (Rupees Five Lakhs only) to the credit of Crime No.428 of 2021 before the learned Judicial Magistrate Court, Tenkasi, without prejudice to his rights and contentions before the trial Court, within a period of two weeks from the date of release" and that he had produced the original https://www.mhc.tn.gov.in/judis 1/2
CRL MP(MD) No.15731 of 2022 title deed of immovable properties worth about Rs.5,00,000/-, whereas, the learned Magistrate seeking for clarification whether it is with regard Rs.5,00,000/- document value or immovable property value and refused the same and hence, he has filed the present petition.
3. Considering the facts and circumstances, the condition no.6 (ii) imposed in Crl.O.P(MD).No.19694 of 2022, dated 08.11.2022 is modified to the effect that petitioner is directed to deposit the original deed of immovable properties to the value of Rs.5,00,000/- (Rupees Five Lakhs only) to the credit of Crime No.428 of 2021 before the learned Judicial Magistrate Court, Tenkasi, without prejudice to his rights and contentions before the trial Court". The other conditions imposed on the petitioner remains un altered. sd/- 16/12/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO 1 THE JUDICIAL MAGISTRATE, TENKASI, TENKASI DISTRICT.
2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI.
4 THE INSPECTOR OF POLICE, PAVOORCHATHIRAM POLICE STATION, TENKASI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL MP(MD) No.15731 of 2022 IN CRL OP(MD) No.19694 of 2022 Date :16/12/2022 SA/VR/SAR.2/26.12.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2