Suresh Kumar v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Sixteenth day of March Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL MISCELLANEOUS PETITION No.3253 of 2022 IN CRL OP.869/2022 SURESH KUMAR [ PETITIONER ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, PALLIKONDA POLICE STATION, VELLORE DISTRICT.
CR NO.269/2021.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Modify the conditions imposed in Para 5(b) to execute one blood sureties as imposed by this Hon'ble Court by an order made in Crl.O.P No.869 of 2022 dated 12.01.2022 and pass such other suitable orders as this Honble Court may deem fit and proper in circumstances of the case.
Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M.R.THANGAVEL, Advocate for the petitioner, and of MR.L.BASKARAN, Govt. Advocate ( Crl. Side) on behalf of the Respondent, the court made the following order:- The present petitions have been filed to modify the condition imposed on the petitioner in Para 5(b) of the order dated 12.01.2022 passed by this Court in Crl.O.P.No.869 of 2022 while granting bail.
2. The learned counsel for the petitioner has submitted that while granting bail this Court ordered the petitioner to execute two sureties before the learned Judicial Magistrate - V, Vellore District, out of which, one must a blood surety, but, the fact remains that the petitioner's mother has committed to death and his father was already passed away and the defacto complainant is his
brother. Due to which, he was not able to comply with the order and hence, the petitioner's father-in-law is ready to give surety to him. Hence he seeks modification.
3. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the petitioner has committed the murder of his own mother. He further submitted that his brother is the complainant.
4. Considering the above facts, it is not possible for the petitioner to get the blood sureties, because his family members are against him due to the alleged occurrence and the petitioner's father-in-law is ready to give blood surety. Accordingly, one of the conditions imposed on the petitioner in paragraph No.5 (b) in the order dated 12.01.2022 in Crl.O.P.No.869 of 2022 is modified as " the petitioner shall execute two sureties out of which, one must be his father- in- law and another be a local surety".
5. Except the above modification , all other conditions imposed by this Court in its order dated 12.01.2022 in Crl.OP.No.869 of 2022 shall stand unaltered.
6. With the above modification, this Criminal Miscellaneous Petition is allowed.
-sd/- 16/03/2022 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 JUDICIAL MAGISTRATE, NO.V, VELLORE.
2 THE CHIEF JUDICIAL MAGISTRATE VELLORE. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, PALLIKONDA POLICE STATION, VELLORE DISTRICT.
+1 C.C. to M.R.THANGAVEL Advocate on payment of necessary charges SR.NO.4154 Order in CRL MP.3253/2022 in CRL OP.869/2022 Date :16/03/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-22/03/2022