Madras High CourtCRL OP/3832/2025modified

M.I.Nasima v. State Represented By, Inspector Of Police

2025-02-13Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Nasima ... Petitioner Vs State represented by Inspector of Police, PEW-Coimbatore City Police Station, Coimbatore District.

(Crime No.339 of 2024) ... Respondent PRAYER: Criminal Original Petition is filed under 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to modify the condition No.1, "the petitioner shall produce two sureties each for Rs.30,000/- to the satisfaction of this Court" imposed by the Hon'ble Additional District Judge, Presiding Officer, Special Court for Essential Commodities Act Cases in CRL.MP.No.3279 of 2024 dated 16.10.2024.

For Petitioner : Mr.D.Ananthapadmanabhan For Respondent : Mr.R.Vinothraja Government Advocate (Crl.side)

ORDER

This petition has been filed to modify the condition No.1, "the petitioner shall produce two sureties each for Rs.30,000/- to the satisfaction of this Court" imposed by the learned Additional District Judge, Presiding Officer,

Special Court for Essential Commodities Act Cases in CRL.MP.No.3279 of 2024 dated 16.10.2024.

2. Heard the learned counsel on either side and perused the materials placed on record.

3. It is seen that the learned Additional District Judge, Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore in CRL.MP.No.3279 of 2024 dated 16.10.2024, while granting interim custody of the mobile phone to the petitioner imposed a condition that the petitioner shall produce two sureties each for a sum of Rs.30,000/- to the satisfaction of this Court. Now, the petitioner is unable to produce the sureties. Hence, this petition.

4. Considering the facts and circumstances of the case, this Court is inclined to modify the condition No.5(1) imposed by the learned Additional District Judge, Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore, in CRL.MP.No.3279 of 2024 dated 16.10.2024 to the effect that the petitioner shall produce two sureties each for a sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned Additional District Judge, Presiding Officer, Special Court for Essential Commodities Act

Cases, Coimbatore. The other conditions shall remain unaltered.

5. Accordingly, this Criminal Original Petition is ordered. 13.02.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Additional District Judge, Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore.

2. The Inspector of Police, PEW-Coimbatore City Police Station, Coimbatore District.

3. The Public Prosecutor, High Court, Madras.

13.02.2025