1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.09.2011 CORAM THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD).No.11666 of 2011 1. Karuppiah 2. Shanmugathai 3. Muthusamy Thevar ...Petitioners -Vs- The State represented by The Inspector of Police Sivagiri Police Station Sivagiri Taluk Tirunelveli District. Crime No.318/11 ...Respondent PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to modify the conditions passed in Cr.M.P.No. 2981 of 2011 dated 02.08.2011 on the file of the Principal Sessions Judge, Tirunelveli with respect to the payment of Rs.5,000/- (totalling Rs.15,000/-) each to the de-facto complainant as deposit and directed to produce the receipt of the same before the Judicial Magistrate, Sivagiri. For Petitioners : Mr.S.Alagusundar For Respondent : Mr.K.V.Rajarajan Government Advocate O R D E R This Petition has been filed for modification of the order passed by the learned Sessions Judge, Tirunelveli, in Cr.M.P.No. 2981 of 2011 for the alleged offences under Sections 448, 294(b), 506(1) IPC and Section 3 (1) of TNPPDI Act registered in Crime No. 318 of 2011. 2. The learned Counsel for the petitioners would air the grievance of the petitioners to the effect that the learned Sessions Judge, Tirunelveli while ordering anticipatory bail in and by an order, dated 02.08.2011 imposed the following condition: That in the event of arrest or the petitioners/accused surrendered themselves within 15 days from this date before the learned Judicial Magistrate, Sivagiri and on paying a sum of Rs.5,000/- each (Totalling to Rupees fifteen thousand only) directly to the de-facto complainant Gurusamy through the Public Prosecutor and receipt also obtained for the payment effected from the de-facto complainant and the same should be produced before the above said Judicial Magistrate and also on their executing a bond for Rs.10,000/- each with two sureties for the like sum each to satisfaction of the abovesaid learned Judicial Magistrate, they shall be released on anticipatory bail. 3. Challenging the same, the petitioner has filed this application for modification. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The question as to whether the petitioner has committed the alleged offences or not will have to be decided by the Trial court. Even before deciding the same, the Trial court ought not to have ordered the payment of Rs.5,000/- each to the de-facto complainant that too through the Public Prosecutor. 5. Therefore, the condition imposed in so far payment of Rs.5,000/- each directed to the de-facto complainant through Public Prosecutor and consequential receipt thereof is hereby deleted. 6. Accordingly, this Petition is ordered. vsg Sd/- Assistant Registrar[AE] /True copy/ Sub Assistant Registrar To 1. The Principal Sessions Judge, Tirunelveli. 2. The Inspector of Police, Sivagiri Police Station Sivagiri Taluk, Tirunelveli District 3. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai. +1 cc to Mr.S.Alagusundar, Advocate SR.No.32736. Crl.O.P.(MD).No.11666 of 2011 Dated:22.09.2011 2P/5C RPB 30.09.2011 https://hcservices.ecourts.gov.in/hcservices/