Rajeshwaran v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD) No.21765 of 2024 Rajeshwaran ... Petitioner / Petitioner Vs.

State of Tamil Nadu, The Inspector of Police, Chinnamanur Police Station, Theni District.

(Crime No.87 of 2023)

...Respondent / Respondent

PRAYER: Criminal Original Petition is filed under Section 483 (1)(b) of BNSS Act, to modify the condition 4(iii) imposed in Crl.M.P.No.3138 of 2024 dated 03.12.2024 by the learned Principal District and Sessions Judge, Theni, insofar as the condition that the petitioner shall deposit a sum of Rs.10,00,000/- (Rupees Ten Lakhs Only) to the credit of crime no.87 of 2023 on the file of the Chinnamanur Police Station before the learned Judicial Magistrate, Uthamapalayam subject to the outcome of the case.

For Petitioner :

Mr.M.Maharaja For Respondent :

Mr.A.Albert James, Government Advocate (Criminal Side) 1/4

O RDER This Criminal Original Petition has been filed to modify the condition 4(iii) imposed in Crl.M.P.No.3138 of 2024 dated 03.12.2024 by the learned Principal District and Sessions Judge, Theni.

2. The main ground that was raised by the learned counsel for the petitioner is that already a sum of Rs.2 lakhs has been returned back and the balance amount of Rs.8 lakhs remains to be paid. Hence this petition has been filed seeking for modification of the amount as Rs.8 lakhs and he also sought for some time for deposit of that amount.

3. Taking into consideration the facts and circumstance of the case and considering the submissions made on either side, the condition imposed by the Court below in para no.4(iii) is modified as follows. " the petitioner shall deposit a sum of Rs.8,00,000/- to the credit of the Crime No.87 of 2023 before the learned Judicial Magistrate Court, Uthamapalayam. The first installment of Rs. 4,00,000/- shall be deposited within a period of 4 weeks from the date of release of the petitioner from the jail. The next installment of Rs.4,00,000/- shall be deposited within a period of 6 weeks thereafter. It is made clear that the time line fixed by this Court 2/4

shall be strictly complied with, failing which, the bail granted in favour of the petitioner shall stand cancelled automatically."

4. This Criminal Original Petition is disposed of in the above terms.

11.12.2024 NCC : Yes/No Index : Yes/No Internet : Yes/No pal Note: Issue order copy on 11.12.2024.

To

1. The Judicial Magistrate, Uthamapalayam .

2.The Inspector of Police, Chinnamanur Police Station, Theni District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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N.ANAND VENKATESH. J.

pal 11.12.2024 4/4