In a bail modification petition, the High Court reduced the non-refundable deposit condition from Rs. 90,000 to Rs. 40,000 imposed by the trial court on the petitioner, allowing him to furnish the lower amount due to financial constraints.
The non-refundable deposit condition was reduced from Rs. 90,000 to Rs. 40,000.
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
DATED : 15.12.2021
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI
Crl.O.P.No.24561 of 2021
Ponnappan ... Petitioner
Vs.
State of Tamil Nadu, Rep. by the Inspector of Police, Sadras Police Station, Chengalpattu District. (Crime No.385 of 2021)
... Respondent
Prayer: Criminal Original Petition filed under Section 439(1)(b) of Cr.P.C. to modify the 1st bail condition that “on production of demand draft for Rs.90,000/- (Rupees Ninety Thousand only) by the petitioner, payable to 'The Chairman/District Collector, The District Mineral Foundation Trust of Kancheepuram District' (Non refundable), imposed by the learned Principal Sessions Judge of Kancheepuram District at Chengalpattu in Crl.MP.No.6242 of 2021 dated 10.12.2021.
For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor
O R D E R
This Criminal Original Petition has been filed to modify the condition imposed by the learned Principal District and Session Judge, Kancheepuram District, in Crl.M.P.No.6242 of 2021 dated 10.12.2021.
condition that the petitioner was directed to remit a nonrefundable deposit of Rs.90,000/- to the Chairman/District Collector, The District Mineral Foundation Trust of Kancheepuram District, by way of demand draft and on production of the copy and receipt, the petitioner is directed to execute a bond for a sum of Rs.10,000/- with two sureties, each for a like sum to the satisfaction of the District Munsif cum Judicial Magistrate, Thirukalukundram. However, he is unable to mobilize the funds to remit a non-refundable deposit. Hence, the modification petition has been filed by the petitioner.
appearing for the respondent police.
Sd/-
Assistant Registrar(CS-VII)
//True Copy//
Sub Assistant Registrar
drl
To
Copy to:
The Chairman / District Collector, The District Mineral Foundation Trust of Kancheepuram District.
+1cc to Mr.Kaveriselvan, Advocate, S.R.No.67159
Crl.O.P.No.24561 of 2021
RLD(CO) SU(15/12/2021)
1 issue framed by the court
Whether the condition of remitting a non-refundable deposit of Rs. 90,000 imposed on the petitioner could be reduced to Rs. 40,000 due to inability to mobilize funds.
1 provisions across 1 enactments
Ponnappan
State of Tamil Nadu
T.V.Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
