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A. Abdul Hakeem @ Abi vs State

Madras High Court|03 August, 2017

JUDGMENT / ORDER

The petition has been filed seeking to relax the condition No.8(iii) imposed on the petitioner in Crl. M.P. No.10050 of 2017 dated 17.07.2017 on the file of Hon'ble Principal Sessions Judge, at Chennai.
2. The petitioner was arrested by the respondent police on 29.06.2017 for the alleged offences punishable under Sections 409,420 of IPC in Cr.No.751 of 2017. Hence, he filed Crl.M.P. No.10050 of 2017 before Hon'ble Principal Sessions Judge, Chennai for bail and the learned Principal Sessions Judge granted bail to the petitioner on the following conditions:
8. (i) Bail Granted.
(ii) Petitioner is ordered to be released on bail on his executing a bond for Rs.10,000/- with two sureties each for a likesum to the satisfaction of XXIII Metropolitan Magistrate, Chennai.
(iii) The petitioner shall deposit a sum of Rs.1,00,000/- to the credit of the Crime No.751/2017 before the said court and the final order in respect of the amount will be passed at the end of the criminal proceedings by the trial court.
(iv) Petitioner shall report before the Investigating Officer daily at 10.30 AM until further orders.
4. Now, the petitioner has filed this criminal original petition for relaxation of the above said condition No. 8(iii) on the ground that the petitioner does not have means to make the payment.
5. The fact remains that the petitioner was granted bail as early as on 17.07.2017 and till date he has not been able to make deposit as directed by the learned Principal Sessions Judge, Chennai. However, this Court cannot completely abrogate the condition No.8 (iii) since the learned Principal Sessions Judge after hearing the petitioner and the defacto-complainant, had imposed the afore said condition.
6. Hence in the interest of justice, this court is of the view that the amount ordered to be deposited can be reduced from Rs.1,00,000/- to Rs.50,000/- and accordingly condition no.8(iii) in the order dated 17.07.2017 in Crl.M.P.NO.10050 of 2017 passed by the Principal Sessions Judge, Chennai is modified to the effect that the petitioner shall deposit a sum of Rs.50,000/- instead of Rs.1,00,000/-. Rest of the conditions imposed by the learned Principal Sessions Judge, Chennai shall remain same.
7. This Criminal Original Petition is ordered accordingly.
03-08-2017 Index: Yes/No Internet:Yes/No lbm To:
The Inspector of Police, E4, Abiramapuram, Chennai.
P.N.PRAKASH,J lbm CRL.O.P.NO.15506 OF 2017 03-08-2017
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Title

A. Abdul Hakeem @ Abi vs State

Court

Madras High Court

JudgmentDate
03 August, 2017