Madras High CourtCRL MP/1977/2023allowed

Yogeshwaran v. The State Rep By Its,

2023-02-15Honourable Mr Justice V.Sivagnanam4 pages

Crl.M.P.No.1977 of 2023 in Crl.A.No.36 of 2023 V. SIVAGNANAM, J.

This petition is filed by the petitioner to modify the condition imposed in para 7(ii) of the order passed in Crl.M.P.No.392 of 2023 in Crl.A.No.36 of 2023, dated 11.01.2023.

2. The learned counsel for the petitioner submitted that in the order dated 11.01.2023 passed in Crl.M.P.No.392 of 2023 in Crl.A.No.36 of 2023, in paragraph 7(i), it was mentioned that the petitioner/A1 shall execute a bond along with two sureties to the satisfaction of learned Judicial Magistrate No.II, Coimbatore, but, due to inadvertance, in para 7(ii), it has been mentioned that 'the petitioner/A1 and the sureties shall affix their photographs and left thmb impression in the surety bond and the trial court may obtain a copy of their Adhar card or Bank pass Book to ensure their identity. In para 7(ii), the term 'trial court' may be replaced as 'Judicial Magistrate No.II, Coimbatore'. Thus, he prayed for modification of the above said condition.

3. Heard the learned counsel for the petitioner and learned Govt. 1/4

Advocate (crl.side) and perused the accompanying affidavits filed in support of these petitions.

4. Considering the submissions of the learned counsel for the petitioner, this court is inclined to modify the condition No.(ii) of para 7 imposed on the petitioner/A1 in the order passed in Crl.M.P.No.392 of 2023 in Crl.A.No.36 of 2023, dated 11.01.2023.

5. Accordingly, the condition No.(ii) imposed in paragraph 7 with regard to petitioner/A1 of the order passed in Crl.M.P.No.392 of 2023 in Crl.A.No.36 of 2023, dated 11.01.2023 is modified as follows; '(ii) The petitioner/A1 and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Judicial Magistrate No.II, Coimbatore may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.'

6. Except the above modification, the other conditions imposed in the order dated 11.01.2023 passed in Crl.M.P.No.392 of 2023 in Crl.A.No.36 of 2023 shall remain unaltered.

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7.This petition is ordered accordingly.

15.02.2023 msr 3/4

V. SIVAGNANAM, J.

msr Crl.M.P.No.1977 of 2023 in Crl.A.No.36 of 2023 15.02.2023 4/4