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Madras High CourtCRL OP/838/2020modified

Hariprasath v. The State Rep By The Inspector Of Police (Crime),

2020-01-21Honourable Mr Justice N. Seshasayee2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.01.2020

CORAM

THE HONOURABLE MR. JUSTICE N.SESHASAYEE Crl.O.P.No.838 of 2020 Hariprasath ... Petitioner Vs.

State Rep. by The Inspector of Police (Crime) J-2, Ambattur Estate Police Station Chennai (Crime No.624 of 2019) ... 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 2 sureties for like sum (1 from family) in CMP No.5302 of 2019 on 27.11.2019 passed by the Learned Judicial Magistrate, Ambattur.

For Petitioner : Mr.S.Sathish Kumar For Respondent : Mrs. S.Thankira Government Advocate (Crl. Side)

O R D E R

This Criminal Original petition has been filed seeking to modify the condition imposed on the petitioner in Crl.M.P.No.5302 of 2019 on 27.11.2019 passed by the Learned Judicial Magistrate, Ambattur.

2.The petitioner was granted bail on 27.11.2019 by the learned Judicial Magistrate, Ambattur, Chennai, in Crl.M.P.No.5302 of 2019 and one of the bail conditions stipulated therein was that "the petitioner is released on bail on his executing bond for Rs.10,000/- with 2 sureties for likesum (1 from family) and he shall appear before the respondent police as and when required".

3.The learned counsel for the petitioner submitted that the petitioner has left his home and his wife has also left from the matrimonial home. Hence, he was not in a position to arrange for a surety from his family, accordingly, prays for appropriate orders.

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4.In the light of the above, the condition imposed on the petitioner in Crl.M.P.No.5302 of 2019 dated 27.11.2019 shall be modified to the effect that the petitioner shall produce two local sureties instead of one surety from the family.

5. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-III) // True Copy// Sub Assistant Registrar kas To

1. The Judicial Magistrate Ambattur 2.The Inspector of Police (Crime) J-2, Ambattur Estate Police Station Chennai (Crime No.624 of 2019) 3.The Public Prosecutor, Madras High Court.

+1cc to Mr.S.SAthish Kumar, Advocate, SR.No.4658. Crl.O.P.No.838 of 2020 VSII(CO) CSR: 30.01.2020 https://hcservices.ecourts.gov.in/hcservices/