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Madras High CourtCRL OP/4465/2017disposed of

Janarthan Prasath, v. State Rep By,

2017-03-17Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.03.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Crl.O.P.Nos.4465 to 4467 of 2017 Janarthan Prasath ..Petitioner in all Crl.OPs.

Vs State rep.by The Inspector of Police, Fairlands Police Station, Salem.

..Respondent in all Crl.OPs.

Crl.O.P.No.4465 of 2017 filed under Section 439(1)(b) of the Criminal Procedure Code, to modify the condition that "shall have to execute a bond for Rs.10,000/- along with two sureties like sum each to the satisfaction of this Court out of which, one should be blood surety having permanent address" imposed in C.M.P.No.128 of 2017 on the file of the learned Judicial Magistrate-V, Salem.

Crl.O.P.No.4466 of 2017 filed under Section 439(1)(b) of the Criminal Procedure Code, to modify the condition that "shall have to execute a bond for Rs.10,000/- along with two sureties like sum each to the satisfaction of this Court out of which, one should be blood surety having permanent address" imposed in C.M.P.No.129 of 2017 on the file of the learned Judicial Magistrate-V, Salem.

Crl.O.P.No.4467 of 2017 filed under Section 439(1)(b) of the Criminal Procedure Code, to modify the condition that "shall have to execute a bond for Rs.10,000/- along with two sureties like sum each to the satisfaction of this Court out of which, one should be blood surety having permanent address" imposed in C.M.P.No.127 of 2017 on the file of the learned Judicial Magistrate-V, Salem.

For Petitioner : M/s.Ilanthiriyan for M/s.Sai Bharath and Ilan For Respondent : Mr.C.Emalias, Additional Public Prosecutor COMMON ORDER By orders dated 30.01.2017, the petitioner was granted bail in C.M.P.Nos.127, 128 and 129 of 2017 in Crime Nos.187, 278 and 318 of 2016, respectively, on the file of the respondent police, on certain conditions. One of the condition is that the petitioner has to execute a bond for Rs.10,000/- along with two sureties for the likesum each to the satisfaction of the Court out of which one should be a blood surety having permanent address. To modify the said condition in all the three matters, these Criminal Original Petitions have been filed. 2.Mr.C.Emalias, learned Additional Public Prosecutor, takes notice for the respondent.

3.Considering the facts and circumstances of the case, the condition imposed by the learned Judicial Magistrate-V, Salem in the orders impugned, with regard to execution of bond and one surety should be a blood relative, is modified to the effect that "the petitioner shall execute a bond for Rs.10,000/- along with two sureties each for the like sum to the satisfaction of the Trial Court, out of which one should be a Government surety". The condition that one surety must be a blood surety is modified accordingly. Rest of the conditions imposed by the learned Judicial Magistrate-V, Salem remains unaltered. 4.The Criminal Original Petitions are ordered accordingly. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar KM

To 1.The Judicial Magistrate V, Salem.

2.The Inspector of Police, Fairlands Police Station, Salem.

3.The Public Prosecutor, Madras High Court, Chennai-600 104.

+1cc to Mr.Sai Bharath, Advocate, S.R.No.16897 Crl.O.P.Nos.4465 to 4467 of 2017 GJII(CO) RS(28/03/2017)