IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08.03.2017 CORAM:
THE HONOURABLE MR.JUSTICE S.BASKARAN CRL.O.P.NO.549 OF 2017 Vs.
PRAYER: Criminal Original Petition filed under section 439(1)(b) of Cr.P.C., praying for modification of third bail condition made in Crl.M.P.No.4081 of 2016 in Cr.No.3 of 2016 dated 3.12.2016 by the Judicial Magistrate, Kothagiri.
For Petitioner : Mr. K.V.Sridharan For Respondent : Mr.R.Sekar, Govt. Advocate (Crl.side)
O R D E R
The petitioner has come forward with this petition for modification of the bail condition No.3 imposed on the by the learned Judicial Magistrate, Kothagiri in Crl.M.P.No.4081 of 2016 on 3.12.2016, while releasing him on bail.
2. Heard both sides.
3. The petitioner is arrayed as A2 in Cr.No.3 of 2016 on the file of respondent police for the alleged offence relating to job racketing. The learned Judicial Magistrate, Kothagiri, while releasing the petitioner on statutory bail, has imposed a condition that the petitioner should deposit Rs.10,00,000/- before the said court.
4. It was submitted by the learned counsel for petitioner that the above said condition imposed by the court below is onerous. He would further submit that since the petitioner was not able comply with the condition imposed, he was not able to come out of bail, hence he prayed for modification of the bail condition No.3 imposed on him.
5. Considering the facts and circumstances of the case and taking note of the gravity of the offence committed, this court is inclined to modify the condition No.3 imposed by the court below. Accordingly, Condition No.3 passed by the learned Judicial Magistrate, Kothagiri in C.M.P.No.4081 of 2016 dated 3.12.2016 is modified to the effect that the petitioner shall deposit Rs.3 lakhs (Rupees three lakhs only) before the concerned Court within a period of four weeks from the date of receipt of a copy of this order. Except the above said modification, the earlier order passed by the court below shall remain unaltered.
6. The petition is disposed of accordingly.
08.03.2017 msr To
1. The Judicial Magistrate, Kothagiri.
2. The Public Prosecutor,High Court,Madras.
S.BASKARAN, J.
msr CRL.O.P.NO.549 OF 2017
08.03.2017