Petitioner sought modification of anticipatory bail condition from depositing Rs.1 Lakh to a lower amount considering co-accused paid Rs.5,000 each for Rs.20,000 damage charges.
Petitioner directed to deposit Rs.5,000/- to credit of Cr.No.253/2023 within two weeks.
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CRL MP(MD) No.15233 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Friday, the Eighth day of December Two Thousand and Twenty Three
PRESENT
The Hon`ble Mr.Justice V. SIVAGNANAM
CRL MP(MD) No.15233 of 2023 IN CRL OP(MD) No.16913 of 2023
GURUSENTHIL @ SENTHIL KUMAR ... PETITIONER/PETITIONER
Vs
THE INSPECTOR OF POLICE SAMAYAPURAM POLICE STATION, TRICHY DISTRICT. CRIME NO.253/2023. ... RESPONDENT/RESPONDENT
Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to modify the condition imposed by this Honble Court in Crl OP(MD) No.16913/2023 dt.20.09.2023 as 6.the petitioner shall deposit a sum of Rs.1,00,000/-(Rupees One Lakh only) to the credit of Crime No.253/2023 before the trial court concerned, without prejudice to his rights and contentions before the trial Court and to grant extension of time.
Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.K.ARUNRAJ, Advocate for the petitioner and of Mr.R.SURESH KUMAR, Government Advocate(Crl.side) on behalf of the Respondent, the Court made the following order:-
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CRL MP(MD) No.15233 of 2023
This criminal miscellaneous petition has been filed to modify the condition imposed by this Court in Crl.O.P.(MD)No.16913 of 2023 dated 20.09.2023.
2.The learned counsel appearing for the petitioner would submit that the petitioner is an accused in Cr.No.253 of 2023, which was registered for the offence under Sections 147, 148, 341, 294(b), 324 and 506(ii) IPC r/w Section 3 of TNPPDL Act. The allegations as against the accused is that they damaged the school bus, wort about Rs.20,000/-. Therefore, while granting anticipatory bail, this Court directed the petitioner to deposit a sum of Rs.1,00,000/- to the credit of Crime No.253 of 2023 before the trial Court without prejudice to his rights and contentions before the trial Court. He would further submit that the co-accused moved anticipatory bail before the Court below and the Court below granted anticipatory bail on condition to deposit a sum of Rs.5,000/- each and as of now, Rs.45,000/- was deposited. He also produced the receipts. Therefore, he would pray for modification of the above said condition.
3.The learned Government Advocate(Crl.side) appearing for the respondent police would submit that the co-accused deposited Rs.5,000/- each to the credit of Crime number.
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CRL MP(MD) No.15233 of 2023
4.Considering the above submissions and considering the fact that the value of
damaged articles is Rs.20,000/- and so far the co-accused deposited Rs.5,000/-
each (Totally Rs.45,000/-), this Court is inclined to modify the condition. Accordingly, the petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of Cr.No.253 of 2023 before the trial Court concerned, within a period of two weeks from the date of receipt of a copy of this order, without prejudice to his rights and contentions before the trial Court.
5.In the result, this criminal miscellaneous petition is allowed.
sd/-
08/12/2023
/ TRUE COPY /
/12/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.
GNS
TO
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CRL MP(MD) No.15233 of 2023
3 THE INSPECTOR OF POLICE SAMAYAPURAM POLICE STATION, TRICHY DISTRICT.
+1 CC to M/s.K.ARUNRAJ, Advocate ( SR-17443[I] dated 08/12/2023 )
ORDER IN CRL MP(MD) No.15233 of 2023 IN CRL OP(MD) No.16913 of 2023 Date :08/12/2023
SS/JGB/SAR- /22/12/2023/4P/6C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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2 issues framed by the court
Whether the condition to deposit Rs.1,00,000/- should be modified to match the amount deposited by co-accused?
What is the revised bail condition amount for the petitioner depositing Rs.5,000/-?
Gurusenthil @ Senthil Kumar
Inspector of Police Samayapuram Police Station, Trichy District
V. Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
