Thillainathan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.6.2015

CORAM:

THE HON'BLE MR.JUSTICE R. SUBBIAH Crl.O.P. No.14122 of 2015 Thillainathan

...Petitioner

Vs.

Inspector of Police, P-4, Basin Bridge Police Station, Chennai

...Respondent

Criminal Original Petition filed under Section 439 (1)(b) of Cr.P.C., to modify the condition of the learned Vacation Sessions Judge/III Additional Sessions Judge in Crl.M.P.No.7756 of 2015 dated 27.5.2015.

For Petitioner :

M/s.A. Kalaichelvi For Respondent :

Mr.M. Mohamed Riyaz Govt. Advocate (Crl.side)

O R D E R

Petition for modification of condition imposed in Crl.M.P.No.7756 of 2015 dated 27.5.2015 on the file of learned Vacation Sessions Judge/III Additional Sessions Judge, Chennai.

2. On 27.5.2015 in Crl.M.P.No.7756 of 2015, the learned Vacation Sessions Judge/III Additional Sessions Judge, Chennai while granting bail to this petitioner has imposed a condition that the petitioner should execute a bond for Rs.50,000/- with two sureties each for a likesum to the satisfaction of the learned V Metropolitan

Magistrate, Chennai.

3. The learned counsel for the petitioner submitted that the petitioner was inside the jail for the past 20 days and due to the onerous condition imposed by the court below, he was not able to execute bond for Rs.50,000/-, so that he could not able to come out of jail though he was granted bail. Hence he prayed for modification of the above said condition.

4. Heard the learned Government Advocate (crl.side). 5.Considering the submissions made by the learned counsel for petitioner, this Court is inclined to modify the above said condition imposed in Crl.M.P.No.7756 of 2015 dated 4.6.2015. Accordingly, the condition that the petitioner shall execute a bond for Rs.50,000/- with two sureties each for a like sum to the satisfaction of the learned V Metropolitan Magistrate, Chennai is modified to the effect that the petitioner shall execute a bond for Rs.5,000/- (Rupees five thousand only) with two sureties each for a like sum to the satisfaction of the learned V Metropolitan Magistrate, Chennai. Except the above modification, all other conditions shall remain unaltered.

6. This petition is disposed of accordingly.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar msr To

1. The Vacation Sessions Judge/ III Additional Sessions Judge,Chennai.

2. The Public Prosecutor, High Court, Chennai.

3. The Inspector of Police, P-4, Basinbridge Police Station, Chennai.

4. The V Metropolitan Magistrate, Chennai.

1 CC to M/s.A. Kalaichelvi, Advocate SR.No. 28367 Crl.O.P. No.14122 of 2015 CA (CO) PSI (11.06.2015)