The court dismissed a petition seeking to modify the bail condition of a deposit amount. It held that since the petitioner voluntarily agreed to the deposit for anticipatory bail, a subsequent petition to modify the condition is not sustainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Monday, the Twenty Sixth day of July Two Thousand Twenty One
PRESENT
The Hon`ble Mr Justice M.DHANDAPANI
CRIMINAL MISCELLANEOUS PETITION No.7084 of 2021
IN
CRL.O.P.No.19693 OF 2018
MITHRA [ PETITIONER ]
Vs
STATE BY: THE INSPECTOR OF POLICE, K.K.NAGAR POLICE STATION, CHENNAI-600 092 (CRIME NO.256/2018)
[ RESPONDENT ]
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to modify the condition No(a) for deposit of Rs.10lakhs as per order dated 21.08.2018 passed in Crl.O.P.No.19693/2018 and pass such further or other orders as this Hon'ble court.
Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.R.THANJAN, Advocate for the Petitioner and of MR.C.E.PRATAP, Govt. Advocate ( Crl. Side) on behalf of the Respondent and of MR.B.VIJAY, Advocate for the Intervenor the court made the following order:-
The Petitioner has filed this petition seeking to modify the conditional amount imposed in the order dated 21.08.2018 made in Crl.O.P.No.19693 of 2018.
2.Heard both sides.
3.The learned counsel appearing for the petitioner submitted that the amount imposed by this Court is exorbitant and the petitioner is a poor person and is not able to pay the amount and prayed to modify the condition.
4.Since the petitioner has on own volition agreed to pay the conditional amount anticipatory bail was granted, hence, filing of petition seeking to modify the conditional amount later is not sustainable. Therefore, this petition is dismissed.
-sd/-
26/07/2021
This order, on being produced, be punctually observed and carried into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO
1 THE METROPOLITAN MAGISTRATE, NO.XVIII, SAIDAPET, CHENNAI
2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION]
3 THE INSPECTOR OF POLICE, K.K.NAGAR POLICE STATION, CHENNAI.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 C.C. to M/S.R.THANJAN Advocate on payment of necessary charges S.R. NO.7787
Order
in
CRL MP.7084/2021
in CRL.O.P.No.19693/2018
Date :26/07/2021
From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format
RW 03/08/2021
1 issue framed by the court
Whether a petition seeking to modify the conditional amount imposed in a bail order is sustainable when the applicant voluntarily agreed to pay the condition earlier.
Mithra
State
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
