Madras High CourtCRL OP/7655/2017disposed of

Kannan Ayyar, S/O.Krishnan, v. The Inspector Of Police

2017-04-19Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.04.2017

CORAM:

THE HON'BLE MR.JUSTICE C.T. SELVAM Crl.O.P.No.7655 of 2017 Kannan Ayyar, S/o.Krishnan ..Petitioner Vs.

State represented by District Crime Branch, Tiruvallur District, Crime No.21 of 2014.

.. Respondent Criminal Original Petition filed under Section 482 of the Criminal Procedure Code praying to modify the condition imposed in Crl.M.P.No.1433 of 2017 dated 10.04.2017 in Cr.No.21 of 2014 on the file of the Judicial Magistrate No.1, Tiruvallur that 1) to deposit Rs.1,00,000/- into Court deposit 2) execute bond of Rs.50,000/- with two surety and one surety shall be Grade I Government Official, Surety of Tiruvallur District having permanent resident in Tiruvallur and another solvent surety having resident in Tiruvallur.

For Petitioner : Mr.K.Gandhi Kumar For Respondent : Mr.M.Mahammed Riyaz Government Advocate (Crl.side) *****

O R D E R

Petitioner seeks modification of order passed by learned Judicial Magistrate I, Tiruvallur, under orders in Crl.M.P.No.1433 of 2017 dated 10.04.2017.

2. Heard learned counsel for petitioner and learned Government Advocate [Crl.side].

3. The condition imposed by Court below requiring the petitioner to deposit a sum of Rs.1,00,000/- is onerous. Similarly, learned counsel for petitioner submits that further requirement of petitioner furnishing two sureties, one of whom https://hcservices.ecourts.gov.in/hcservices/

shall be of Grade I Government Official in effect prohibits the petitioner in availing the benefit of the order of bail.

4. In the circumstances, this Court orders as follows: The condition in the order under challenge requiring the petitioner to deposit a sum of Rs.1,00,000/- shall stand deleted. The petitioner shall now be required to produce two sureties belonging to Tiruvallur District, instead of as ordered by the Court below. In all other aspects, the order of Court below shall prevail.

The Criminal Original Petition is disposed of with the above direction.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar vsm To 1.The Judicial Magistrate I, Tiruvallur.

2.The District Crime Branch, Tiruvallur District.

3.The Public Prosecutor, High Court, Chennai.

+1cc to Mr.K.Gandhi Kumar,Advocate sr.23450 Crl.O.P.No.7655 of 2017 rj(co) ss(20/4/2017) https://hcservices.ecourts.gov.in/hcservices/