Dhanush v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN 1.Dhanush 2.Yogesh ... Petitioners Vs.

The State represented by The Inspector of Police, Marakkanam Police Station, Villupuram District.

(Crime No.327 of 2023) ... Respondent PRAYER: Criminal Original Petition filed under Section 439(1)(b) of Cr.P.C., prayed to modify the condition that "one of the surety must be a Government surety" imposed on the petitioners in Crl.M.P.No.9541 of 2023 on the file of the learned Principal Sessions Judge, Villupuram, by an order dated 09.11.2023.

For Petitioners : Mr. M.P.Yuvaraj For Respondent : Mr. R. Vinothraja Government Advocate (Crl. Side)

ORDER

This petition has been filed seeking modification of the order in Crl.M.P.No.9541 of 2023 passed by the learned Principal Sessions Judge, 1/3

Villupuram, by an order dated 09.11.2023, whereby the learned Principal Sessions Judge, had directed that one of the surety should be a Government servant.

2.That particular condition is modified to the effect that the petitioner is permitted to produce one surety as blood related surety and another surety must be a local surety.

3.A memo has been filed before this Court stating that the respective mothers of the two petitioners and also the uncle of the 1st petitioner and the father of the 2nd petitioner are prepared to stand as sureties. 4.The discretion is with the learned Principal Sessions Judge, Villupuram, to verify the correctness of the statement and accept any one of them as one of the sureties.

5.In view of the above, this petition is ordered and the order dated 09.11.2023 is modified accordingly.

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C.V.KARTHIKEYAN, J.

ata To 1.The Principal Sessions Judge, Villupuram.

2.The Inspector of Police, Marakkanam Police Station, Villupuram District.

3. The Public Prosecutor, High Court of Madras.

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