1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2011 CORAM: THE HONOURABLE MR.JUSTICE R.S.RAMANATHAN Crl.O.P.(MD)No.4804 of 2011 Jeyakumar ... Petitioner Vs. State represented by The Inspector of Police CCIW, CID Crime No.2/2011 Trichirappalli Trichy District. ... Respondent PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to set aside one of the conditions namely to deposit Rs.3 lakhs in Crl.M.P. No.669/2011 dated 05.04.2011 on the file of the Sessions Judge, Trichirappalli, Trichy District. For Petitioner : Mr.V.Kathirvelu Senior counsel for Mr.K.Prabhu For Respondents : Mr.S.Muthu Venkatesan Govt. Advocate (Crl.side) ORDER This application is filed to set aside one of the conditions namely to deposit Rs.3 lakhs in Crl.M.P. No.669/2011 dated 05.04.2011 on the file of the Sessions Judge, Trichirappalli, Trichy District. 2.The learned Senior counsel appearing for the petitioner submitted that the Secretary of the Society was granted anticipatory bail in Crl.O.P.No.6454 of 2010 without any condition and the petitioner was only a Special Officer and his role was one of Supervisor in nature and he is in custody and therefore, he could not deposit the amount. As the amount was not deposited, the petitioner was not able to come out on bail. Therefore, he further submitted that the petitioner also was filed Cr.M.P.721 of 2011 for modification of the condition and that was rejected by the Court below on 08.04.2011 and hence this petition is filed. 3.Heard the learned Government Advocate (Crl.side) appearing for the State. 4.It is seen from the order passed in Crl.O.P.No.6454 of 2010 filed by the Secretary of the Society that at that time, no complaint was filed against the petitioner and other persons and even though the learned counsel for the petitioner in Crl.O.P.No.6454 of 2010 filed an affidavit that the petitioner therein alleged to have misappropriated Rs.4,67,000/-, this Court granted anticipatory bail https://hcservices.ecourts.gov.in/hcservices/ 2 without imposing any condition. Further, it is seen from the order passed in Crl.M.P.No.669 of 2011 dated 05.04.2011 by the learned Sessions Judge, Trichy that the Secretary has paid a sum of Rs.6,43,070/-. All these aspects and the fact that the petitioner is in custody and is not in a position to raise funds and the Secretary was granted anticipatory bail without any condition to deposit any amount and a sum of Rs.6,43,070/- was already deposited by the Secretary are considered and I am inclined to allow the application and the condition imposed in Crl.M.P.No.669 of 2011 dated 05.04.2011 passed by the Principal Sessions Judge, Trichy to the effect that the petitioner should deposit a sum of Rs.3 lakhs to the credit of crime No.2 of 2011 of CCIW, CID, is set aside and the other conditions shall remain as such. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To 1.The Principal Sessions Judge, Trichy. 2.The Inspector of Police CCIW, CID Trichirappalli Trichy District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.K.Prabhu, Advocate Sr.No.13808 RR akm/18.04.11 /2p-5c/ Crl.O.P.(MD).No.4804 of 2011 12.04.2011 https://hcservices.ecourts.gov.in/hcservices/