IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.06.2017 CORAM:
THE HONOURABLE MR.JUSTICE S.BASKARAN CRL.O.P.No.10488 of 2017 1.Kumari 2.Shanmugam 3.Subramani 4.Kanagamani ... Petitioners/Accused Vs.
State By; The Deputy Superintendent of Police, Karumathmapatti Sub Division, Coimbatore District. (Cr.No.283/2016 on the file of the Kovilpalayam P.S, Coimbatore) .. Respondent/Complainant Criminal Original Petition filed under Section 439(i)(b) Cr.P.C. praying to modify the conditions imposed by the Principal District Sessions Court, Coimbatore Court in Crl.M.P.No.1200 of 2017 dated 18.05.2017 For Petitioner : Mr.P.Pugalenthi For Respondent : Mr.R.Sekar Government Advocate (Crl. Side) *****
O R D E R
This petition has been filed for modification of the conditions imposed by the Principal District Sessions Court, Coimbatore in Crl.M.P.No.1200 of 2017 dated 18.05.2017.
2. While granting bail in respect of the offence under Section 120(B), 420, 406, 506(ii) IPC r/w 3(1) (r) (s) of the Prevention of Atrocities to SC/ST Act Amendment act 2015, the lower Court has directed the petitioners to deposit sum of Rs.25,000/- each towards fraud committed by them before the Judicial Magistrate Court No.II, Coimbatore and the petitioners were ordered to be released on bail on their executing a bond for Rs.10,000/- each with two sureties for a like sum each to the satisfaction of Judicial Magistrate Court No.II, Coimbatore and to report before the respondent daily twice at 10.30 a.m and 5.30 p.m. until further orders.
3. The learned counsel for the petitioners would contend that the petitioners belong to a poor family and they are not in a position to deposit a sum of Rs.25,000/-. Due to their financial inability, still they are unable to comply the said condition imposed in the bail order and hence they are in jail even after enlargement on bail by the court below. Hence he prays for modification of the said amount.
4. In the stated circumstances, condition No(ii) of the order passed in Crl.M.P.No.1200 of 2017 by the Principal District Sessions Court, Coimbatore in the bail order dated 18.05.2017 is modified to the effect that the petitioners are directed to deposit a sum of Rs.10,000/- (Rupees ten thousand only) each before the Judicial Magistrate No.II, Coimbatore at the time of execution of bail bond.
6. With the above modification, this petition is disposed of. However, it is made clear that all the other conditions imposed on the petitioners by the court below shall remain unaltered.
12.06.2017 dh / ssd Index :Yes/No To
1. The Principal District Sessions Court, Coimbatore
2. The Judicial Magistrate Court No.II, Coimbatore
3. State By; The Deputy Superintendent of Police, Karumathmapatti Sub Division, Coimbatore District. (Cr.No.282/2016 on the file of the Kovilpalayam P.S, Coimbatore)
4. The Public Prosecutor, High Court of Madras, Chennai.
S.BASKARAN ,J.
dh/ssd CRL.O.P.No.10488 of 2017 12.06.2017