Manoj v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No.

of Manoj .. Petitioner Vs.

State represented by Inspector of Police, Vellakoil Police Station, Tirupur District.

(Crime No.1727 of 2020) .. Respondent Prayer: Criminal Original Petition filed under Section 439(1)(b) of Criminal Procedure Code seeking to modify the condition imposed on the petitioner to execute a bond for a sum of Rs.10,000/- along with two sureties in which one surety must be blood surety and the sureties shall produce solvency certificate issued by an officer not below the rank of Thasildhar, made in Crl.M.P.No.1529 of 2020, dated 08.12.2020 by the learned Judicial Magistrate, Kangayam.

For Petitioner :

Mr.N.Chinnaraj For Respondent :

Mr.S.Karthikeyan Addl. Public Prosecutor - - - - - 1/5

O R D E R

(The case has been heard through video conference) This Criminal Original Petition has been filed seeking to modify the condition imposed by the Court below while granting bail to the petitioner.

2. The petitioner is A1. He has been implicated for the offences under Sections 454 and 380 of IPC. The petitioner was arrested and remanded to judicial custody and therefore, he filed a petition for bail before the Court below.

3. The Court below while granting bail to the petitioner imposed certain conditions. One of the conditions is that the petitioner shall execute a bond for a sum of Rs.10,000/- along with two sureties in which one surety must be blood surety and the sureties shall produce solvency certificate which is issued by not below the rank of Thasildar.

4. The learned counsel for the petitioner submitted that the parents of the petitioner have already died and his wife was living separately due to some matrimonial dispute and hence he does not have any blood surety. 2/5

5. The learned Additional Public Prosecutor submitted that the Court below had imposed the condition after taking into consideration the facts and circumstances of the case and there is no ground to interfere with the same.

6. Taking into consideration, the facts and circumstances of the case and the fact that the petitioner is not in a position to arrange for blood surety, this Court is inclined to modify the condition imposed by the Court below. The condition imposed by the Court below directing the petitioner "to produce one blood surety" is modified to the effect that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, for a like sum". The other condition imposed by the Court below shall remains unaltered.

7. This Criminal Original Petition is disposed of, with the above modification.

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To 1.The Judicial Magistrate, Kangayam.

2. Inspector of Police, Vellakoil Police Station, Tirupur District.

(Crime No.1727 of 2020) 3.The Public Prosecutor, High Court of Madras, Chennai.

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V.BHARATHIDASAN, J.

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