C.Mageshwari v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2023

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI C.Mageshwari, W/o. Chandran ... Petitioner

Versus

The State rep. by the Inspector of Police, Narcotic Intelligence Bureau, Criminal Investigation Department, Kancheepuram Dt.

...

Respondent (Crime No.31 of 2022) PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to set aside the order passed by the Principal Special Judge for NDPS case, Chennai Crl.M.P. No.5 of 2023 dated 09.01.2023 and to modify the bail condition imposed in Crl.M.P. No.5410 of 2022 by the Principal Special Judge for NDPS Case, Chennai, order dated 11.11.2022. 1/4

For Petitioner :

Mr.R.Dineshkumar For Respondent :

Mr.Leonard Arul Jospeh Selvam, Govt. Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed to modify the condition imposed in Crl.M.P.No.5410 of 2022 dated 11.11.2022 passed by learned Principal Special Judge for NDPS Case, Chennai granting bail to the petitioner on condition that one among the surety must be a blood surety.

2. The learned counsel for the petitioner submitted that the petitioner has three children and they are minors, however, her husband left them and she has no blood relatives. In these circumstances, she is not in a position to execute the bail bond. Hence, this petition has been filed to modify the condition imposed by the trial court.

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3. Considering the facts and circumstances and also the fact that while executing two sureties, one among surety must be a blood surety is necessary, this Court is not inclined to modify the condition. Accordingly, this Criminal Original Petition is dismissed. 20.01.2023 Index: Yes/No Internet: Yes/No rpp To

1. Inspector of Police, Narcotic Intelligence Bureau, Criminal Investigation Department, Kancheepuram Dt.

2. The Public Prosecutor, High Court, Madras.

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T.V.THAMILSELVI, J.

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