M.Kandavel v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.05.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.KALAIYARASAN Crl.O.P.No.10471 of 2016 Mr.M.Kandavel ... Petitioner Vs.

State rep. by Inspector of Police, All Women Police Station, Sooramangalam Salem District Crime No.6 of 2016 ... Respondent Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to modify the order dated 22.04.2016 passed in C.M.P.No.1182 of 2016 in Crime No.6 of 2016 on the file of the District and Sessions Judge at Salem to furnish cash deposit instead of solvency certificates of two sureties. For Petitioner : Mr.B.Sivakumar For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

The petitioner has come forward with this petition seeking to modify the order dated 22.04.2016 passed in C.M.P.No.1182 of 2016

in Crime No.6 of 2016 on the file of the learned Principal Sessions Judge at Salem to furnish cash deposit instead of solvency certificates of two sureties.

2.Heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor.

3.The petitioner is arrayed as the first accused in the case in Crime No.6 of 2016 and the learned Principal Sessions Judge at Salem while permitting the other accused to deposit a sum of Rs.10,000/- rejected the plea of the petitioner for depositing Rs.10,000/- as surety amount instead of solvency certificates of two sureties in the initial order dated 29.03.2016. The learned Principal Sessions Judge at Salem while enlarging the petitioner on anticipatory bail has directed the petitioner to execute a bond for a sum of Rs.10,000/- with two sureties for likesum each to the satisfaction of the learned Judicial Magistrate, Additional Mahila Court, Salem.

4.Therefore, the condition imposed by the learned Principal Sessions Judge, Salem dated 22.04.2016 in C.M.P.No.1182 of 2016 in Crime No.6 of 2016 is modified and the petitioner is directed to

execute a bond with two sureties as ordered by the learned Principal Sessions Judge, Salem in the order dated 29.03.2016 in C.M.P.No.1182 of 2016 in Crime No.6 of 2016. It is suffice to observe that the learned Judicial Magistrate, Additional Mahila Court, Salem need not insist solvency certificates for the sureties. 5.This Criminal Original Petition is disposed of accordingly. 05.05.2016 pri Index: Yes/ No Internet: Yes/ No To 1.The Inspector of Police, All Women Police Station, Sooramangalam Salem District Crime No.6 of 2016 2.The Public Prosecutor High Court, Madras.

P.KALAIYARASAN,J.

pri Crl.O.P.No.10471 of 2016 05.05.2016