Vellaiyan @ Palanisamy, v.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Crl.O.P.No.5239 of 2017 1.Vellaiyan @ Palanisamy 2.Kumar [ Petitioners ] Vs State by: The Inspector of Police, Karimangalam Police Station, Dharmapuri District.

(Crime No.619 of 2016).

[Respondent] Petition filed under Section 439(1)(b) of the Criminal Procedure Code, to modify the bail condition imposed on the petitioners in Crl.M.P.No.128 of 2017 on the file of the Principal Sessions Judge, Dharmapuri as "one surety must be a relative surety and on condition to deposit Rs.10,000/- each (Rupees Ten Thousand each) to the satisfaction of the Judicial Magistrate, Palacode instead of "one surety must be a Government surety and on condition to deposit Rs.2,00,000/- (Rupees Two Lakhs each) to the satisfaction of the Judicial Magistrate, Palacode".

For Petitioners : Mr.B.Vasudevan For Respondent : Mr.C.Emalias, Additional Public Prosecutor

O R D E R

By the impugned order dated 04.02.2017 in Crl.M.P.No.128 of 2017 in Crime No.619 of 2016, the learned Principal Sessions Judge, Dharmapuri, granted bail to the petitioners on condition that they shall execute a bond for a sum of Rs.10,000/- each along with two sureties each for the like sum and one surety must be a Government surety and on further condition to deposit a sum of Rs.2,00,000/- each to the satisfaction of the Judicial Magistrate, Palacode and they shall appear before the Judicial Magistrate, Palacode daily at 10.00 a.m., until further orders. Now the present petition has been filed to issue a direction to modify the conditions imposed in the order with regard to deposit as well as the Government surety.

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2.Mr.C.Emalias, learned Additional Public Prosecutor, took notice for the respondent.

3.Heard both the sides.

4.Considering the facts and circumstances of the case, the condition imposed by the learned Principal Sessions Judge, Dharmapuri, in the order made in Crl.M.P.No.128 of 2017 in Crime No.619 of 2016 dated 04.02.2017, in respect of deposit of a sum of Rs.2,00,000/- each, is modified to the effect that the petitioners shall deposit a sum of Rs.1,00,000/- each. Further, the condition that "one surety must be a Government surety" is modified to the effect that "one surety must be a blood relative of the respective petitioners". Rest of the conditions imposed by the learned Principal Sessions Judge, Dharmapuri, shall remain unaltered.

5.This petition is ordered accordingly.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar KM To 1.The The Inspector of Police, Karimangalam Police Station, Dharmapuri District.

2.The Public Prosecutor, Madras High Court, Chennai-600 104.

3.The Principal Sessions Judge,Dharmapuri 4.The Judicial Magistrate,Palacode 5.-do-thro The Chief Judicial Magistrate,Dharmapuri +1cc to Mr.B.Vasudevan,Advocate sr.16074 Crl.O.P.No.5239 of 2017 skv(co) ss(24/3/2017) https://hcservices.ecourts.gov.in/hcservices/