Dhayala Meghala, v. The State Of A. P,

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.14692 of 2016 ORDER :

The present Criminal petition is filed seeking relaxation of the conditions imposed in Crl.M.P.No.2494 of 2016 in Crime No.25 of 2016 on the file of the Metropolitan Sessions Judge-cum-I Additional District and Sessions Judge, Visakhapatnam.

By an order, dated 15.09.2016, passed in Crl.M.P.No.2494 of 2016 in Crime No.25 of 2016 977 of 2016 in Crime No.159 of 2015, the Metropolitan Sessions Judge-cum-I Additional District and Sessions Judge, Visakhapatnam, while releasing the petitioner on bail, directed the petitioners to execute personal bond for Rs.1,00,000/ - each with two sureties. The sureties shall furnish FDR for a sum of Rs.1,00,000/ - each to the satisfaction of the Judicial Magistrate of First Class, Paderu.

Learned counsel for the petitioners submits that the petitioners and his family members are eking out their livelihood by doing coolie works and as the petitioners are resident of Tamilnadu State, are unable to produce two cash sureties to a tune of Rs.1,00,000/ -. He further submits that though the bail was granted on 15.09.2016 but the petitioners could not get themselves released till date, hence requested to relax the said conditions.

Learned Public Prosecutor opposed the application contending that the petitioners are resident of Tamilnadu State and it is difficult to secure their presence without local sureties.

Having regard to the facts and circumstances of the case and since the petitioners could not avail the relief though granted long back, the condition is modified directing the petitioners to execute a bond for Rs.25,000/ - with two sureties for a like sum each, out of which one surety must be a local surety and another surety must be from the native place of the petitioners. The local surety shall deposit title deeds of the property which stand in his name for the above mentioned value along with the certificate of the concerned M.R.O. The learned Magistrate shall verify the antecedents before accepting the sureties. All other conditions shall remain un-altered. With the above modification, the Criminal Petition is disposed of.

_________________________ JUSTICE C. PRAVEEN KUMAR 06.10.2016 gkv