Madras High CourtCRL OP/3408/2020disposed of

Anandh v. The State By

2020-02-24Honourable Mr Justice N. Seshasayee2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2020

CORAM

THE HONOURABLE MR. JUSTICE N.SESHASAYEE Crl.O.P.No.3408 of 2020 Anandh ... Petitioner Vs.

The State by Inspector of Police Mangadu Police Station Chennai District ... Respondent PRAYER: Criminal Original petition has been filed under Sections 439(1)(b) of the Code of Criminal Procedure, to modify the condition (viz., one surety must be a family member) imposed in C.M.P.No.1154 of 2019 in Crime No.26 of 2019 dated 20.05.2019, pending on the file of District Munsif cum Judicial Magistrate at Sriperumbudur.

For Petitioner : Mr.S.Vinoth For Respondent : Mrs. S.Thankira G.A. (Crl. Side) for R1

O R D E R

This Criminal Original petition has been filed seeking to modify the condition (viz., one surety must be a family member) imposed in C.M.P.No.1154 of 2019 in Crime No.26 of 2019 dated 20.05.2019, pending on the file of District Munsif cum Judicial Magistrate at Sriperumbudur.

2.The petitioner was granted bail by the District Munsif cum Judicial Magistrate Court, Sriperumbudur in C.M.P.No.1154 of 2019 dated 20.05.2019, and one of the bail conditions stipulated therein was that "one surety must be a family member". 3.The petitioner was facing accusation for the offences u/s.294(b), 341, 397, 336, 506(ii) IPC.

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4.The learned counsel for the petitioner submitted that the petitioner has been in judicial custody for eight months and no relative is available to give him surety as directed in the bail order and prayed that this condition may be suitably modified. 5.In the light of the above, the order passed in C.M.P.No.1154 of 2019 dated 20.05.2019 by the the District Munsif cum Judicial Magistrate Court, Sriperumbudur is now modified to the extent that "the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two local sureties to the like sum each". The other conditions imposed on the petitioner in the above order shall stand unaltered.

6.With the above direction, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar kas To 1.The District Munsif cum Judicial Magistrate Court, Sriperumbudur 2.Inspector of Police Mangadu Police Station Chennai District 3.The Public Prosecutor, Madras High Court.

+1cc to Mr.S.Vinoth, Advocate SR.No.6037 Crl.O.P.No.3408 of 2020 KK(CO) GMY(09/03/2020) https://hcservices.ecourts.gov.in/hcservices/