Partly allowed

Nandha Kumar v. State of Tamil Nadu, Rep by

Madras HC15 Dec 2021CRL OP/24562/2021

Case brief

AI extract

What is this about?

The High Court of Judicature at Madras, through a single judge, heard a Criminal Original Petition filed by accused persons seeking modification of bail conditions. The Court modified the original bail order by reducing the non-refundable deposit requirement from Rs.90,000 to Rs.40,000 per petitioner, allowing them to execute the bond.

What did the court decide?

The non-refundable deposit condition was modified from Rs.90,000 to Rs.40,000 per petitioner.

Nandha Kumar Vs State of Tamil Nadu, Rep by — Madras HC (2021) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 15.12.2021

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CORAM

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THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI

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Crl.O.P.No.24562 of 2021

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1.Nandha kumar

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2.Manikandan 3.Mayilan 4.Balasubramanian ... Petitioners

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Vs.

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State of Tamil Nadu, Rep. by the Inspector of Police, Sadras Police Station, Chengalpattu District. (Crime No.385 of 2021) ... Respondent

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Prayer: Criminal Original Petition filed under Section 439(1)(b) of Cr.P.C. to modify the 1^st bail condition that “on production of demand draft for Rs.90,000/- (Rupees Ninety Thousand only) by each of the petitioners, 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.6247 of 2021 dated 10.12.2021.

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For Petitioner : Mr.M.Kaveri Selvam

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For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor

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O R D E R

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This Criminal Original Petition has been filed to modify the condition imposed by the learned Principal Sessions Judge, Kancheepuram District at Chengalpattu in Crl.M.P.No.6247 of 2021 dated 10.12.2021.

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The learned counsel for the petitioners submitted that the petitioners are the drivers of the lorries and they were found in illegal possesssion of each lorry had 10 units of savadu sand, without any valid license. When the lower Court, while granting bail to the petitioners, the trial Court imposed https://hcservices.ecourts.gov.in/hcservices/ a condition that the petitioners was directed to remit a nonrefundable deposit of Rs.90,000/- each to the Chairman/District Collector, The District Mineral Foundation Trust of Kancheepuram

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District, by way of demand draft and on production of the copy and receipt, the petitioners are directed to execute a bond for a sum of Rs.10,000/- each with two sureties, each for a like sum to the satisfaction of the District Munsif cum Judicial Magistrate, Thirukalukundram. However, the petitioners are unable to mobilize the funds to remit a non-refundable deposits. Hence, the modification petition has been filed by the petitioners.

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Heard the learned Government Advocate (Criminal Side)

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appearing for the respondent police.

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Considering the facts and circumstances of the case, reason is justifiable, hence, this Court modifies the condition that instead of directing to remit a non-refundable deposit of Rs.90,000/- (Rupees Ninety Thousand only), by each petitioners are directed to remit a non-refundable deposit of Rs.40,000/(Rupees Forty Thousand only) by each petitioners to The Chairman/District Collector, by way of demand draft payable to the credit of “The District Mineral Foundation Trust of Kancheepuram District”. The other conditions imposed by the Court shall remain intact.

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With the above modification, this Criminal Original Petition is ordered.

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Sd/-

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Assistant Registrar (CS-VII)

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//True Copy//

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Sub Assistant Registrar

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drl

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1.The Principal Sessions Judge, Kancheepuram District at Chengalpattu.

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2.The District Munsif cum Judicial Magistrare, Thirukalukundram.

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3.The Inspector of Police, Sadras Police Station, Chengalpattu District.

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4.The Superintendent, Sub Jail, Madurantakam.

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5.The Public Prosecutor, High Court, Madras.

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https://hcservices.ecourts.gov.in/hcservices/

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Copy to:

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The Chairman/District Collector, The District Mineral Foundation Trust Kancheepuram District.

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+1cc to Mr.Kaveri Selvam, Advocate SR. No.67160

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Crl.O.P.No.24562 of 2021

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RLD (CO) PR (15/12/2021)

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https://hcservices.ecourts.gov.in/hcservices/

Nandha Kumar v. State of Tamil Nadu, Rep by

Case brief

What is this about?

What did the court decide?

Nandha Kumar v. State of Tamil Nadu, Rep by

Case brief

What is this about?

What did the court decide?

What the court decided

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