Madras High CourtCRL OP/822/2020modified

Hariprasath v. State Rep.By

2020-01-27Honourable Mr Justice N. Seshasayee2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2020

CORAM

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.No.822 of 2020 Hariprasath ... Petitioner Vs.

State represented by:

The Inspector of Police,(Crime), J-2, Ambattur Estate Police Station, Chennai.

(Crime No.1097 of 2018) ... Respondent PRAYER: Criminal Original petition has been filed under Sections 439 (1) (b) of the Code of Criminal Procedure, to modify the condition that the petitioner released on bail on his executing bond for Rs.10,000 with two sureties for likesum (1 from family), petitioner shall appear before respondent police at 10.00 a.m., daily for 20 days in CMP.No.5301 of 2019 on 27.11.2019 passed by the learned Judicial Magistrate, Ambattur. For Petitioner : M/s.S.Sathish Kumar For Respondent : Ms.S.Thankira Government Advocate (Crl.side)

O R D E R

This Criminal Original petition has been filed seeking for modification of the bail condition imposed by the Court below.

2. The petitioner is arrayed as an accused in Crime No.1097 of 2018 for an offence under Sections 457 and 380 of IPC. On 27.11.2019, the learned Magistrate has granted bail on condition that the petitioner shall produce two sureties for Rs.10,000/- of whom, one should be a family member.

3. The learned counsel for the petitioner now seeks modification of the said condition and submits that the condition requiring the petitioner to produce one family member https://hcservices.ecourts.gov.in/hcservices/

as surety may be modified, since he has none to produce one. He also added that since due to his inability to produce surety, the petitioner continues to languish in jail, even though he was granted bail on 27.11.2019.

4. Considering the above submission, the condition imposed by the Court below is modified to the effect that the petitioner shall produce two sureties for a sum of Rs.10,000/-. The rest of the conditions shall remain intact.

5. With the above modification, this petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ub/ksa-2 To

1. The learned Judicial Magistrate, Ambattur.

2. The Inspector of Police,(Crime), J-2, Ambattur Estate Police Station, Chennai.

3.The Government Advocate (Crl.side), Madras High Court.

+1cc to M/s.S.Sathish Kumar, Advocate sr.5630 Crl.O.P.No.822 of 2020 bp(co) nr 27/01/2020 https://hcservices.ecourts.gov.in/hcservices/