Madras High CourtCRL OP/1508/2024allowed

Tmt.Kousalya Alias Rani v. The State Rep. By

2024-01-31Honourable Mr Justice C.V. Karthikeyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2024

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN CRL.O.P.No.1508 of 2024 Tmt. Kousalya alias Rani .. Petitioner Vs.

The State Rep. by Inspector of Police, Erode North Police Station, Erode ( Crime No.487 of 2023) ... Respondent PRAYER : Criminal Original Petition filed under Section 439 (1) (b) of Cr.P.C to modify the condition imposed by the learned Judicial Magistrate No.1, Erode the petitioner shall execute the one relative surety and another one surety belongs to native of Erode in Crl.M.P.No.20092 of 2023 dated 19.12.2023 and pass orders. For Petitioner : Mr.N. Palanisamy For Respondent: Mr.R. Vinothraja Government Advocate 1/4

O R D E R

The petitioner seeks modification of the order dated 19.12.2023 passed by the learned Judicial Magistrate No.1, Erode in Crl.M.P.No.20092 of 2023.

2. While granting bail the learned Judicial Magistrate imposed a condition that the petitioner should execute two sureties, one surety should be a relative and another surety should be a native of Erode. The petitioner is the accused for the offence under Section 379 of I.P.C. I may visualise the predicament that none of the relatives will come forward to execute the sureties, particularly the nature of offence committed by the petitioner. It is also contended that the father and husband of the petitioner had passed away and she is living with her aged mother.

3. Taking into consideration the facts of the case, the condition is modified to the effect that the petitioner is directed to execute any two sureties to the satisfaction of the learned Judicial Magistrate No.1, Erode. The learned Judicial Magistrate must take up the responsibility of testing the sureties.

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4. In view of the above, this Criminal Original petition is ordered. 31.01.2024 smn To.

1. The Judicial Magistrate No.1, Erode.

2. Inspector of Police, Erode North Police Station, Erode.

3. Central Jail, Coimbatore.

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C.V.KARTHIKEYAN , J.

smn CRL.O.P.No.1508 of 2024 31.01.2024 4/4