Sekaran v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Jurisdiction Friday, the Twenty Ninth day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. DHANABAL CRL MP(MD). No.12216 of 2023 IN CRL RC.(MD)NO.766 OF 2021 Sekaran

... Petitioner Vs 1 The Inspector of Police Paramakudi Town Police Station Ramanathapuram District. in Crime No.318/2021. 2 The Tahsildar Taluk Office, Paramakudi, Ramanathapuram District.

¶3The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

¶4The Assistant Director, Geology and Mining Department, Collectorate Complex, Ramanathapuram.

... Respondents/ Complainants Prayer :- Criminal Miscellaneous Petition filed under Section 482 of Criminal Procedure Code to modify the condition No.2 of the order made in Cr.MP.No.1512/2021 on the file of Learned Principal District and Sessions Judge, Ramanathapuram confirmed by the order dt.28/10/2021 in Crl.RC(MD)No.766/2021 on the file of this Honble Court. Prayer in Crl.R.C(MD)No.766 of 2021:- This Criminal Revision has been filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records of the Principal Sessions Judge, Ramanathapuram, in Crl.M.P.No.1512 of 2021, dated 11.08.2021 and modify the condition No.3 of Rs.60,000/- as costs by way of an individual/collective Deposit in favour of the District Legal Services Authority, Ramanathapuram. ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s. B. Ramamoorthi, Advocate for the Petitioner and of Mr. M. Sakthi Kumar, Government Advocate for the respondent(s), this Court made the following order: This Criminal Miscellaneous Petition has been filed to modify the condition imposed on the petitioner on 11.08.2021 in Crl.M.P.(MD).No.1512 of 2021, on the file of Principal District and Sessions Judge, Ramanathapuram.

¶2On the side of the petitioner, it is stated that learned Principal District and Sessions Judge, Ramanathapuram directed to execute a bond for a sum of Rs.1 lakh with two sureties each, in which, one surety shall be blood relative of the petitioner. The petitioner is not able to comply with the condition, which is onerous. Hence, prays to modify the same.

3.On the side of prosecution, there is no objection raised to modify the said condition.

4.Considering the nature of offence, the condition No.2 in Crl.M.P(MD) No.1512 of 2021, dated 11.08.2021 is modified to the effect that the petitioner shall execute a bond for a sum of Rs.1 lakh with two sureties each for a likesum to the satisfaction of Principal District and Sessions Judge, Ramanathapuram. The other conditions remained unaltered. Sd/- Assistant Registrar (CS-I) // True Copy // /10/2023 Sub Assistant Registrar(CS) TO

¶1The Principal District and Sessions Judge, Ramanathapuram.

¶2The District Legal Services Authority, Ramanathapuram. 3 The Inspector of Police Paramakudi Town Police Station Ramanathapuram District. in Crime No.318/2021. 4 The Tahsildar Taluk Office, Paramakudi, Ramanathapuram District.

¶5The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

¶6The Assistant Director, Geology and Mining Department, Collectorate Complex, Ramanathapuram.

¶7The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Copy to: The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai

ORDER DATED : 29/09/2023

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CRL MP(MD). No.12216 of 2023 IN CRL RC.(MD)NO.766 OF 2021

Giving direction and etc.

as stated within. DL/(12.10.2023)/ 5P/10C

Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.