Abdul Rashid v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.06.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH CRL.O.P. NO.14621 OF 2015

1. Abdul Rashid

2. M.Siraj Nisha ..

Petitioners/Accused 1 & 2

Versus

State by Inspector of Police, All Women Police Station, Tirupur South, Tirupur, (Crime No.5 of 2015 ..

Respondent/Complainant PRAYER : Criminal Original Petition filed under Section 439(1)(b) of Code of Criminal Procedure, to modify the order dated 07.05.2015 on the file of the learned Sessions Judge, (Vacation Court), Tiruppur in Crl.M.P.No.512 of 2015 in respect of the condition requiring the petitioners to execute the bail bond for a sum of Rs.10000/- with two sureties each, one surety must be a blood relative and both sureties shall produce the deeds in their name and the solvency certificate should be issued by an officer not below the rank of Tahsildar. For Petitioner :

Mr.J.Franklin For Respondent :

Mr.M.Mohamed Riyaz Government Advocate (Crl. Side)

O R D E R

The learned Sessions Judge, (Vacation Court), Tiruppur, while granting bail to the petitioner by an order dated 07.05.2015 in Crl.M.P.No.512 of 2015, imposed a condition directing the petitioners to execute the bail bond for a sum of Rs.10000/- with two sureties for a likesum, one surety must be a blood relative and both sureties shall produce the deeds in their name and the solvency certificate should be issued by an officer not below the rank of Tahsildar. Now the present petition is to modify the said condition.

2. The learned counsel for the petitioners submitted that because of the onus condition imposed by the court, the petitioners are not able to produce sureties and he sought for relaxation of the said condition.

3. Considering the above submissions, the order of the learned learned Sessions Judge, (Vacation Court), Tiruppur in https://hcservices.ecourts.gov.in/hcservices/

Crl.M.P.No.512 of 2015 dated 07.05.2015 is modified to the following effect :

(i) the condition directing the petitioner to produce title deeds and the solvency certificates issued by an officer not below the rank of Tahsildar is deleted.

(ii) Except this modification, other conditions remain unaltered.

4. This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar vrc To

1. The Sessions Judge, (Vacation Court), Tiruppur

2. The Inspector of Police, All Women Police Station, Tiruppur South,Tiruppur.

3.The Public Prosecutor, High Court of Madras, Chennai - 600 104. 1 cc to Mr. J.Franklin, Advocate Sr.No.29624 CRL.O.P. No.14621 of 2015 rsi(co) pmk.30.6.2015 https://hcservices.ecourts.gov.in/hcservices/