Anand v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Fifteenth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice P. N. PRAKASH and The Hon`ble Mr Justice A.A. NAKKIRAN CRIMINAL MISCELLANEOUS PETITION No.1696 of 2022 IN CRL A.32 of 2020 ANAND [ PETITIONER / APPELLANT / ACCUSED ] Vs STATE REP BY [ RESPONDENT / COMPLAINANT ] THE INSPECTOR OF POLICE, K-10, KOYAMBEDU POLICE STATION, CHENNAI.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to modify the condition that the "The petitioner shall execute a bond for a sum of Rs.25,000/- with two sureties of whom, one should be a blood relative each for a like sum to the satisfaction of the trial court" on the file of this Hon`ble Court.
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. K.THENRAJAN, Advocate for the Petitioner and of M/S.R.MUNIYAPPARAJ, ADDITIONAL PUBLIC PROSECUTOR on behalf of the Respondent the court made the following order:- (Made by P.N.PRAKASH, J.) This petition has been filed to modify the bail condition imposed by this Court vide order dated 24.09.2021 passed in Crl.M.P.No.9763 of 2021 in Crl.A.No.32 of 2020.
2.
This Court, by order dated 24.09.2021 in Crl.M.P.No.9763 of 2021 in Crl.A.No.32 of 2020, granted suspension of sentence and bail to the petitioner on certain conditions, one of which is that, "7.(i) The petitioner shall execute a bond for a sum of Rs.25,000/- with two sureties, of whom, one should be a blood relative, each for a like sum to the satisfaction of the trial Court."
3.
Unable to secure sureties for a sum of Rs.25,000/- on account of poverty, this petition for modification has been filed by the petitioner.
4.
Heard Mr.K.Thenrajan, learned counsel for the petitioner and Mr.R.Muniyapparaj, learned Additional Public Prosecutor appearing for the respondent.
5.
The learned counsel for the petitioner submitted that both parents of the petitioner had died and the petitioner has left with his only sister by name Murugeshwari, who is prepared to stand as surety, but, she is unable to show solvency for Rs.25,000/-. Therefore, he prayed for reduction of the bond amount from Rs.25,000/- to Rs.10,000/-.
6.
We carefully considered the submission of the either side. The fact remains that the petitioner was granted suspension of sentence and bail on 24.09.2021 and till date, he has not been able to enjoy the fruits of the order.
7.
In such view of the matter, this criminal miscellaneous petition stands allowed and the aforesaid condition is modified as follows:
"8.(i) The petitioner shall execute a bond for a sum of Rs.10,000/- with two sureties, of whom, one should be a blood relative, each for a like sum to the satisfaction of the trial Court." The rest of the conditions imposed by this Court in order dated 24.09.2021 passed in Crl.M.P.No.9763 of 2021 in Crl.A.No.32 of 2020 shall remain the same.
-sd/- 15/02/2022 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 XVIII ADDITIONAL SESSIONS JUDGE, CHENNAI.
2 THE INSPECTOR OF POLICE, K-10, KOYAMBEDU POLICE STATION, CHENNAI.
3 THE SUPERINTENDENT OF PRISON CENTRAL PRISON, PUZHAL, CHENNAI.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 C.C. to M/S. K.THENRAJAN Advocate on payment of necessary charges SR.NO.2336 Order in CRL MP.1696/2022 in CRL A.32/2020 Date :15/02/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format JPA 17/02/2022