Dismissed

S.Prabakaran v. State Represented by

Madras HC2 Sept 2020CRL OP/13332/2020

Case brief

AI extract

What is this about?

The High Court dismissed criminal original petitions filed by bail petitioners seeking modification of a bail order. The court held that since the bail order was passed by the District and Sessions Judge, the petitions challenging and modifying it should be filed in the lower court, not directly in the High Court.

What did the court decide?

Petitions dismissed with liberty to file appropriate petition for modification before the concerned court.

S.Prabakaran Vs State Represented by — Bail and Remand | Madras HC (2020)

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Crl.O.P.No. 13332 and 13333 of 2020

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 02.09.2020

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CORAM

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THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.13332 of 2020 and
Crl.O.P.No.13333 of 2020
In Crl.O.P.No.13332 of 2020
1. S.Prabakaran
2. R. Ramesh
3. M.Rajasekar
4. S.Saravanan ... Petitioners in Crl.OP 13332 of 2020
1. M. Sakthivel
2. Bhuvaneswari ... Petitioners in Crl.OP 13333 of 2020
Vs.
State rep. by Inspector of Police,
C1, Sriperumbudur Police Station,
Kamcheepuram District.
(Crime No.2025 of 2020) ... Respondent in both petitions

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COMMON PRAYER : Criminal Original Petitions filed under section 439 (1)

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1/4

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http://www.judis.nic.in

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Crl.O.P.No. 13332 and 13333 of 2020

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(b) of Cr.P.C., to modify the order to the extent that the petitioners need not pay a sum of Rs.10,000/- each (Rupees ten thousand only) to the injured de-facto complainant through the Inspector of Police, Sriperumbudur within a period of 15 days.

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For Petitioner : Mr.B.Narayanan (in both petitions) For Respondent : Mr.M.Mohamed Riyaz (in both petitons) Additional Public Prosecutor C O M M O N O R D E R (These cases have been heard through video conference)

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These petitions have been filed to modify the order passed by the District and Sessions Judge, Court No.II, Kancheepuram in Crl.M.P.No.1281 of 2020 (crime No.2025 of 2020), directing the petitoners to pay sum of Rs.10,000/- each with two sureties for a like sum each by surrendering before

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the District Munsif cum Judiial Magistrate, Sriperumbudur , within a period of 15 days from the date of lifting the lock down and the commencement of normal functioinng of the court.

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The learned counsel appearing for the petitioners submitted that

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the property allegedly stated to be damaged belongs to the petitioners and

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2/4

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http://www.judis.nic.in

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Crl.O.P.No. 13332 and 13333 of 2020

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despite the submission made by the prosecution that the worth of damages of

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hollow blocks and the aspestors sheet comes to Rs.40,500/-, the petitioners have been directed to deposit a sum of Rs.10,000/- each, which totally comes to Rs.60,000/-. Hence, he prayed for modification of the order to the extent that

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the petitioners need not pay a sum of Rs.10,000/- each to the injured.

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The above order has been passed by the District and Sessions Judge, Court No.II, Kancheepuram. Without approaching the concerned court, which has granted the anticipatory bail to the petitioners, these applications have been filed before this court seeking for modification of the order and hence, the same is liable to be dismissed.

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Accordingly, the petitions in Crl.O.P.No.13332 and 13333 of 2020

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are is dismissed, with a liberty granted to the petitioner to file appropriate

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petition for modification of the order, before the concerned court.

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02.09.2020

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Internet : Yes/No

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Note: The Registry is directed to issue order copy on 03.09.2020

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http://www.judis.nic.in

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Crl.O.P.No. 13332 and 13333 of 2020

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mst

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A.D.JAGADISH CHANDIRA, J.

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mst
1. The Inspector of Police,
C1, Sriperumbudur Police Station,
Kamcheepuram District.
2. The Public Prosecutor
High Court, Madras.
Crl.O.P.Nos. 13332 and 13333 of 2020

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03.09.2020

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http://www.judis.nic.in

S.Prabakaran v. State Represented by

Case brief

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S.Prabakaran v. State Represented by

Case brief

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