Biraj Limbu v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Biraj Limbu

...Petitioner/Accused

Vs.

The State Rep. by The Inspector of Police, M-6, Manali Police Station, Chennai.

(Crime No.256 of 2023)

...Respondent/Complainant

PRAYER: This criminal miscellaneous petition has been filed under Section 528 of BNSS Act, to modify the condition imposed on the petitioner "6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties (one blood surety and one local surety), each for a like sum to the satisfaction of the learned Principal Special Judge EC and NDPS, Chennai and on further conditions that (a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Page No.1 of 4

magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;" in Crl.O.P.No.13010 of 2024, order dated 04.07.2024. For Petitioner(s):

M/s. C.H.Srikanth For Respondent(s):

Mr.S.Santhosh Government Advocate (Crl.Side)

ORDER

The petitioner seeks modification of the condition directing him to produce two sureties, of which one shall be a blood relative and the other a local resident, imposed by this Court in Crl.O.P.No.13010 of 2024 dated 04.07.2024.

2.Mr.C.H.Srikanth, the learned counsel for the petitioner, would submit that the petitioner has no relatives to be offered as surety, and instead he shall produce one surety who is a government servant and the other surety who is a local resident.

3. Heard Mr.S.Santhosh, the learned Government Advocate (Crl.Side) for the respondent.

Page No.2 of 4

4. Considering the aforesaid facts, this Court is inclined to modify the condition to the effect that "6.the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, (one surety shall be a Government servant and the other be a local resident) each for a like sum to the satisfaction of the learned Principal Special Judge EC and NDPS, Chennai. The other conditions imposed in the order dated 04.07.2024 in Crl. O.P. No.13010 of 2024 shall remain unaltered.

5. Further, time to furnish surety is extended by a period of two weeks from the date of receipt of a copy of this order.

6. Accordingly, the criminal miscellaneous petition is ordered, and the condition is modified.

10.03.2025 dk Note: Registry to issue order copy by 11.03.2025. Page No.3 of 4

SUNDER MOHAN, J.

dk To 1.The Inspector of Police, M-6, Manali Police Station, Chennai.

2. The Public Prosecutor High Court of Madras, Chennai.

10.03.2025 Page No.4 of 4