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Madras High CourtCRL OP/9732/2017modified

Anwar V P Aged 42 Yrs, v. State By

2017-05-18Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.05.2017

CORAM

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.9732 of 2017 Anwar V.P.

... Petitioner Vs The State, rep. By Station House Officer, Palloor Police Station, Mahe, Puducherry.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to modify the condition to set aside the order dated 29.04.2017 made in Crl.M.P.no.70 of 2017 on the file of the Assistant Sessions Court Mahe and modify the order dated 28.04.2017 made in M.P.No.58 of 2017 on the file of the Assistant Sessions Court, Mahe, by deleting the condition that one sureity should a Government servant.

For Petitioner :

Mr.T.Sathiyamoorthy For Respondent :

Mr.K.Mathan Addl. Public Prosecutor

ORDER

The present criminal original petition has been filed to modify the condition imposed on the petitioner in Crl.M.P.No.58 of 2017 dated 28.04.2017 by the learned Assistant Sessions Judge, Mahe.

2. It is the case of the petitioner that he has filed a petition in Crl.M.P.No.58 of 2017 before the learned Assistant Sessions Judge, Mahe, seeking bail and the learned Assistant Sessions Judge, Mahe granted bail to the petitioner on certain conditions. One of the conditions is that the petitioner shall execute a bond for a sum of Rs.10,000/- with two solvent sureties for the like sum, out of which one should be a Government Servant. In view of the said stringent condition, the petitioner is not in a position to avail the benefit of the said order. Hence, the petitioner filed a petition before the https://hcservices.ecourts.gov.in/hcservices/

Assistant Sessions Judge, Mahe, to modify the said condition and the same was dismissed by order dated 29.04.2017. Hence, seeking modification of the bail order , the petitioner has come up with the present petition.

3. Learned Additional Public Prosecutor has no serious objection to modify the said condition imposed on the petitioner.

4. Hence, the condition imposed on the petitioner in Crl.M.P.No.58 of 2017 dated 28.04.2017, viz., the petitioner shall execute a bond for a sum of Rs.10,000/- with two solvent sureties for the like sum, out of which one should be a Government Servant is hereby modified as follows:- " The petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two solvent sureties for the like sum to the satisfaction of the learned Assistant Sessions Judge, Mahe." The other conditions shall remain unaltered. The criminal original petition is ordered accordingly.

Sd/- Assistant Registrar(V.O) //True Copy// Sub Assistant Registrar mrp To 1.Station House Officer, Palloor Police Station, Mahe, Puducherry.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.T.Sathiyamoorthy,Advocate sr.37677 Crl.O.P.No.9732 of 2017 nm(co) ss(24/5/2017) https://hcservices.ecourts.gov.in/hcservices/