The court allowed a modification to anticipatory bail conditions, reducing the petitioner's monthly maintenance payment from Rs.20,000 to Rs.15,000 based on his nominal post-loan income, subject to an undertaking not to seek further modifications.
The petitioner's monthly maintenance payment was reduced from Rs.20,000 to Rs.15,000; petition allowed.
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CRL MP(MD) No.3185 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Monday, the Fifth day of October Two Thousand Twenty
PRESENT
The Hon`ble Mr.Justice G.R.SWAMINATHAN
CRL MP(MD) No.3185 of 2020 IN CRL OP(MD) No.3477 of 2020
BASKAR ... PETITIONER/1st PETITIONER
(CRIME NO.11/2020)
2 T.SHEELA ... RESPONDENTS/RESPONDENTS
Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to modify the condition with regard to payment of Rs.20,000 to the defacto complainant every month imposed upon the petitioner in Crl.O.P.(MD) 3477 of 2020 by order dated 26/02/2020.
Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of MR.A.SIVASUBRAMANIAN, Advocate for the petitioner and of MR.A.ROBINSON, Government Advocate (Crl. Side) on behalf of the 1st Respondent, the court made the following order:-
Heard the learned counsel on either side.
2.This Court had granted anticipatory bail to the petitioner on condition that the petitioner would pay a sum of Rs.20,000/- per month towards their maintenance. The petitioner now informs the Court that after meeting out the loan obligation, his take home pay is very nominal and he wants some modification to be made.
3.Without going into the merits of the contesting claims, I am of the view that interest of justice will be served by directing the petitioner to remit a sum of Rs.15,000/- per month instead of Rs.20,000/- per month.
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CRL MP(MD) No.3185 of 2020
4.The petitioner gives a specific undertaking that he will not take out any more applications for modification.
5.Recording the said undertaking, this petition is allowed.
sd/05/10/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO 1 THE JUDGE, ADDITIONAL MAHILA COURT, MADURAI. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THILAGAR THIDAL, MADURAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CRL MP(MD) No.3185 of 2020 IN CRL OP(MD) No.3477 of 2020 Date :05/10/2020
rmi JM/PN/SAR II/08.10.2020/2P/5C
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1 issue framed by the court
Whether the condition of monthly maintenance payment in anticipatory bail can be modified.
BASKAR
STATE REP. BY THE INSPECTOR OF POLICE
T.SHEELA
G.R.SWAMINATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
