Madras High CourtCRL OP(MD)/21241/2023dismissed

Vairavan v. The Inspector Of Police

2024-01-05Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.01.2024

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI and Crl.M.P.(MD)No.16788 of 2023 Vairavan ... Petitioner/Sole Accused Vs.

The Inspector of Police, Rajapalayam North Police Station, Virudhunagar District.

(Crime No.252 of 2023) ... Respondent/Complainant PRAYER : Criminal Original Petition filed under Section 439(1)(B) of the Code of Criminal Procedure, to modification the condition No.(i) relating to the order in Cr.M.P.No.4978 of 2023 on the file of the learned Principal District and Sessions Judge, Virudhunagar District Srivilliputtur dated 21.09.2023 and return the deposited money to the petitioner.

For Petitioner : Mr.B.DHANASEKARAN, Advocate For Respondent : Mr.SS.MADHAVAN, Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to modify the condition No.(i) relating to the order in Cr.M.P.No.4978 of 2023 on the file of the learned Principal District and Sessions Judge, Virudhunagar District Srivilliputtur dated 21.09.2023 and 1/3

return the deposited money to the petitioner. 2.The learned counsel appearing for the petitioner would submit that the petitioner is an accused in Cr.No.252 of 2023, which was registered for the offence punishable under Section 435 IPC and he was arrested on 29.08.2023. Therefore, the petitioner filed a bail petition in Crl.M.P.No.4978 of 2023 before the learned Principal District and Sessions Judge, Virudhunagar District Srivilliputtur and the same was oredered on condition that the petitioner should deposit a sum of Rs.50,000/- to the credit of District Mediation Centre, Virudhunagar District Srivilliputtur. He would further submit that the petitioner is a poor man and hence, he borrowed a sum of Rs.50,000/- and deposited the same as directed by the Court below. However, he was unable to pay interest for the borrowed amount and he is regularly complying with the conditions as imposed by the Court below. Hence, he prayed to direct the Court below to return the deposited amount.

3.Heard and perused the materials available in the records. 4.On perusal of records reveals that the Court below, while allowing the bail petition imposed a condition that the petitioner should deposit a sum of Rs.50,000/- to the credit of District Mediation Centre, Virudhunagar District Srivilliputtur and the petitioner also deposited the amount as directed by the Court below. Once the conditional order was complied with, there is no question of modifying the same. If 2/3

the petitioner preferred the present petition, before complying the order imposed by the Court below, the same may be entertained. However, the petitioner is at liberty to file a petition before the Court below seeking appropriate remedy. Accordingly, this criminal original petition is disposed of. Consequently, connected miscellaneous petition is closed.

sd/- 05/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

2 THE INSPECTOR OF POLICE, RAJAPALAYAM NORTH POLICE STATION, VIRUTHUNAGAR DISTRICT.

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

ORDER IN Crl.O.P.(MD)No.21241 of 2023 and Crl.M.P.(MD)No.16788 of 2023 Date :05/01/2024 SA/DD/SAR. /11.01.2024/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3