Poovendan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2022

CORAM:

THE HON'BLE MR.JUSTICE DR.G.JAYACHANDRAN Crl.O.P.No.5266 of 2022 Poovendan ... Petitioner Vs.

The State Rep By The Inspector of Police, NIB-CID, Katpadi Police Station, Katpadi.

(Crime No.187 of 2021) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 482 of Cr.P.C praying to set aside the order in Crl.MP.No.1263 of 2021 dated 22.12.2021 on the file of Special Judge for EC/NDPS Act cases, Salem and modify the condition as accept the two blood sureties with their own bond (Aadhar Card and Ration Card) instead of execution of bond for a sum of Rs.10,000/- by the accused himself along with two sureties imposed in Crl.MP.No.409 of 2021 on the file of Special Judge for EC/NDPS Act cases, Salem.

For Petitioner : Mr.R.Sankarasubbu For Respondent : Mr.S.Santhosh Government Advocate (Crl.Side)

ORDER

Heard both sides.

2. While granting bail to the petitioner, the court below has imposed a condition to execute a bond for Rs.10,000/- by the accused along with two sureties for the like sum to the satisfaction of the Court. However, it appears that when two sureties were produced, the Court is not satisfied with the solvency and insisted for immovable property worth more than Rs.10,000/-. Hence, the present petition is filed seeking modification of the order to the effect that to accept two blood sureties along with own bond of the petitioner.

3. The learned counsel for the petitioner states that the parents of the petitioner are ready to stand surety and they are ready to execute a bond for Rs.10000/- as directed by the trial court. Being daily coolies, they do not have any immovable property in their name.

4. Taking into consideration of the fact, this Court is of the view that the court below while examining the sureties shall not insist any immovable

solvency and to accept surety as cash deposit of Rs.5000/- (Rupees Five Thousand Only) each. Accordingly, this Criminal Original Petition is modified. 07.03.2022 Gv/Vv

Dr.G.JAYACHANDRAN. J.

Gv/Vv Crl.O.P.No.5266 of 2022 07.03.2022