Manoj v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.05.2016

CORAM:

THE HON'BLE MR.JUSTICE R. MAHADEVAN Crl.O.P. No.11029 of 2016 Manoj .. Petitioner/Accused Vs.

State, represented by the Inspector of Police, Nagapattinam Town Police Station, Nagapattinam District.

(Crime No.307 of 2015) .. Respondent/Complainant.

Criminal Original Petition filed under Section 439 (i)(b) of Cr.P.C., to modify the condition imposed in Crl.M.P.No.4106 of 2015 by the Judicial Magistrate I, Nagappattinam that two surety for Rs.10,000/- each, out of which, one must be a blood surety, dated 20.11.2015.

For Petitioner : Mr.J. Jawahar For Respondent : Mr.M. Maharaja Addl. Public Prosecutor

O R D E R

Petition for modification of condition imposed in Crl.M.P.No.4106 of 2015 dated 20.11.2015 on the file of learned Judicial Magistrate I, Nagappattinam.

2. On 20.11.2015, the learned Judicial Magistrate I, Nagapattinam while granting bail to this petitioner has imposed the condition that the petitioner shall produce two sureties for Rs.10,000/- each, out of which, one must be a blood surety.

3. The learned counsel for the petitioner submitted that the petitioner is not able to comply with the above condition since his blood relatives are not coming forward to stand as surety for him, due to which reason, he is not able to comply with the condition imposed and hence he is still under judicial custody. Thus he prayed for modification of the above said condition.

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4. Heard the learned Addl. Public Prosecutor.

5. Considering the submissions made by the learned counsel for petitioner, the condition imposed by the learned Judicial Magistrate I, Nagapattinam that the petitioner shall produce two sureties for Rs.10,000/- each, out of which, one must be a blood surety is modified to the effect that the petitioner is permitted to execute any two sureties for Rs.10,000/-. It is made clear that the sureties must belong to Nagapattinam area and the sureties can be placed before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, failing which, the bail granted to this petitioner shall stand cancelled automatically.

Except the above modification, all other conditions imposed on 20.11.2015 shall remain unaltered.

6. This petition is disposed of with the above modification.

Msr/adl -s/d- Assistant Registrar(CS-VI) True Copy Sub-Assistant Registrar To

1. The Judicial Magistrate I, Nagappattinam

2. The Public Prosecutor, High Court, Chennai.

3. The Inspector of Police, Nagapattinam Town Police Station, Nagapattinam District.

+ 1 cc to Mr.J.Jawahar Advocate SR 28566 pur(co) prk20/5 Crl.O.P. No.11029 of 2016 https://hcservices.ecourts.gov.in/hcservices/