Karthick Prakash @ Ondiveeran v. State Rep. By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Thirty First day of January Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL MISCELLANEOUS PETITION No.951 of 2022 IN CRL.OP.No.21286 of 2021 KARTHICK PRAKASH @ ONDIVEERAN [ PETITIONER ] Vs THE INSPECTOR OF POLICE [ RESPONDENT] AVINASHIPALAYAM POLICE STATION, TIRUPPUR DISTRICT.

CRIME NO.136 OF 2016.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to modify the condition imposed in paragraph 15(a) in order dated 24.01.2022 made in Crl.O.P.No.21286 of 2021 by directing "that the petitioner may be released on bail upon his executing a personal bond to the value of Rs.10,000/- before the Superintendent of Central Prison, Coimbatore and thereafter on the release of the petitioner, the petitioner shall execute a fresh bail bond for sum of Rs.

10,000/- with two sureties one shall be blood relative and other shall be government servant each for like sum to the satisfaction of Learned Principal Sessions Judge, Tiruppur within a period of 15 days once the Principal Session Judge, Tiruppur commences normal functioning" instead of directing "the petitioner to execute a fresh bail bond for sum of Rs.10,000/- with two sureties are shall be blood relative and other shall be government servant each for like sum to the satisfaction of Learned Principal Session Judge, Tiruppur" Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.MOHAMMED RIYAZ, Advocate for M/S.A.P.SATHIYAMOORTHY, Advocate for the petitioner, and of MR.L.A.J.SELVAM, Government Advocate (Crl.

(This case has been heard through video conferencing) The Criminal Miscellaneous petition has been filed by the petitioner, seeking to modify the condition imposed on the petitioner, by an judgment passed by this Court in Crl.O.P.No.21286 of 2021, dated 24.01.2022.

2. Learned counsel appearing for the petitioner would submit that this Court, by an order dated 24.01.2022, had granted bail to the petitioner in Crl.O.P.No.21286 of 2021, and directed to execute a fresh bail bond for a sum of Rs.10,000/- with two sureties before the learned Principal Sessions Judge, Tiruppur.

3. He would further submit that due to the covid restrictions imposed, the petitioner is unable to produce the sureties before the Court concerned and thereby, he would seek to modify the condition. He would further submit that the petitioner is prepared to furnish sureties as ordered by this Court within 15 days from the date of commencement of the Court's normal functioning.

4. Considering the facts and submissions made by the learned counsel for the petitioner, the condition imposed upon the petitioner in Crl.O.P.No.21286 of 2021 vide order dated 24.01.2022 is modified on condition as follows:

(a) Accordingly, the petitioner/accused is ordered to be released on bail on condition to execute a own bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) before the Superintendent of the concerned prison/Jailor concerned, in which the petitioner has been confined and thereafter, on his release, the petitioner/accused shall execute two sureties, each for a like sum to the satisfaction of the learned Principal Sessions Judge, Tiruppur, within 15 days from the date of commencement of the Court's normal functioning, failing which the bail granted by this Court shall stand dismissed automatically.

5. The other conditions imposed by this Court vide order dated 24.01.2022, remains unaltered.

6. Accordingly, the Criminal Miscellaneous Petition is allowed. -sd/- 31/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE PRINCIPAL SESSIONS JUDGE, TIRUPPUR.

2 THE INSPECTOR OF POLICE AVINASHIPALAYAM POLICE STATION, TIRUPPUR DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

5 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

+1 C.C. to M/S.A.P.SATHIYAMOORTHY, Advocate on payment of necessary charges SR.NO.1462 Order in CRL MP.951/2022 in CRL OP.21286/2021 Date :31/01/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-31/01/2022