IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.02.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.2468 of 2017 Elayaraja ... Petitioner Vs The State, rep by The Inspector of Police (Crime), PEW Harur Police Station, Dharmapuri District. ... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to modify the order passed in Crl.M.P.No.2092 of 2016 dated 3.1.2017 by the learned Principal Sessions Judge, Dharmapuri, against Crime No.1320 of 2016 dated 22.12.2016 pending on the file of the PEW Harur Police Station, Dharmapuri District.
For Petitioner : Mr.K.Poomalai For respondent : Mr.C.Emalias, Addl. Public Prosecutor ORDER The present criminal original petition has been filed to modify the condition imposed on the petitioner in Crl.M.P.No.2092 of 2016 dated 3.1.2017 by the learned Principal Sessions Judge, Dharmapuri.
2. It is the case of the petitioner that he has filed a petition in Crl.M.P.No.2092 of 2016 before the learned Principal Sessions Judge, Dharmapuri, seeking bail and the learned Judge, by order dated 3.1.2017, granted bail to the petitioner on certain conditions. One of the conditions is that the petitioner shall deposit a sum of Rs.1,00,000/- into the Court. Since the petitioner is unable to comply with the said condition, he is not in a position to avail the benefit of the said order. Hence, seeking modification of the said order, the petitioner has come up with the present petition.
3. Learned Additional Public Prosecutor has no serious objection to modify the said condition imposed on the petitioner.
4. Considering the facts and circumstances of the case, this Court is inclined to modify the said condition imposed on the petitioner.
5. Accordingly, the condition imposed on the petitioner in Crl.M.P.No.2092 of 2016 dated 3.1.2017 by the learned Principal Sessions Judge, Dharmapuri, viz., “ the petitioner shall deposit a sum of Rs.1,00,000/- into the Court “ is hereby modified as follows:-
“ The petitioner shall deposit a sum of Rs.50,000/- (Rupees fifty thousand only) into the Court “ The other conditions shall remain unaltered. The criminal original petition is ordered accordingly.
07.02.2017 Index:Yes/No sbi To
1. The Principal Sessions Judge, Dharmapuri,
2. The Inspector of Police (Crime), PEW Harur Police Station, Dharmapuri District.
3. The Public Prosecutor, High Court, Madras.
R.MAHADEVAN, J sbi Crl.O.P.No.2468 of 2017 DATED: 7.2.2017 http://www.judis.nic.in