Balu @ Balasubramanian v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.01.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.2081 of 2019 Balu @ Balasubramanian ... Petitioners/Accused Vs.

State rep. by The Inspector of Police, S-8, Adambakkam Police Station.

Crime No.436 of 2018.

... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 439(1)(b) Cr.P.C. praying to modify the condition imposed on the petitioner herein by the learned Judicial Magistrate, Alandur in Crl.M.P.No.7633 of 2018 vide order dated 28.12.2018. For Petitioner :

Mr.T.Dhanasekar For Respondent :

Mrs.M.Prabhavathi Additional Public Prosecutor *****

O R D E R

This petition has been filed for modification of the conditions imposed on the petitioner herein by the learned Judicial Magistrate, Alandur in Crl.M.P.No.7633 of 2018 vide order dated 28.12.2018.

2. The learned counsel for the petitioners would submit that the petitioners were arrested and remanded to judicial custody on 23.07.2018 alleging that they have committed an offence punishable under Section 380 IPC. Thereafter, the petitioner was granted bail by the learned Judicial Magistrate, Alandur on 28.12.2018 with certain conditions that the petitioners shall furnish two genuine sureties and one should be a relative.

3. He would further submit that the petitioner's parents and his relatives are not willing to give sureties to the petitioner, hence he prays to modify the said condition imposed by the learned Judicial Magistrate, Alandur.

4. Heard both sides.

https://hcservices.ecourts.gov.in/hcservices/

5. In view of the submissions made on both sides this court is inclined to modify the condition imposed by the learned Judicial Magistrate, Alandur. Accordingly, the condition is modified to the effect that the petitioner shall "execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties each" instead of "executing a bond for a sum of Rs.10,000/- along with two genuine sureties, one must be relative"

6.This Criminal Original Petition is ordered accordingly. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar dsa To 1.The Judicial Magistrate, Alandur.

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

3.The Inspector of Police, S-8, Adambakkam Police Station.

+1cc to Mr.T.Dhanasekaran, Advocate, S.R.No.6622 CRL.O.P.No.2081 of 2019 SJ(CO) rrs 29/01/2019 https://hcservices.ecourts.gov.in/hcservices/