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Madras High CourtCRL OP/20937/2017modified

S.Govind, M/36 Years, v. State Rep By:

2017-10-12Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.10.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.20937 of 2017 S.Govind ..

Petitioner Vs.

State rep.by The Inspector of Police, All Women Police Station, Ambattur, Chennai.

..

Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to modify the condition of furnishing bond imposed on the petitioner in CMP.No.3335 of 2017 dated 22.09.2017 on the file of the learned Principal District and Sessions Judge at Thiruvallur.

For Petitioners : Mr.P. Kumaresan For Respondent : Mr.P.Govindarajan Additional Public Prosecutor.

ORDER

This petition has been filed to modify the condition of furnishing bond imposed on the petitioner in CMP.No.3335 of 2017 dated 22.09.2017 on the file of the learned Principal District and Sessions Judge at Thiruvallur.

2. When the investigation is pending and the respondent police are yet to take a decision as to whether the offence has been committed or not, it would not be appropriate on the part of the Principal District and Sessions Judge, to take cognizance of the averments made in the complaint and direct the petitioners to deposit some money alleged to have been misappropriated while granting Anticipatory Bail.

3. In view of such a onerous condition, the order granting Bail becomes non executable. Hence the order dated 22.09.2017 passed in CMP.No.3335 of 2017 by the learned Principal District and Sessions Judge, Tiruvallur is modified to the effect that the petitioner be released on Bail in the event of his arrest or upon his surrender by executing a bond for Rs.15 lakhs * to the https://hcservices.ecourts.gov.in/hcservices/

satisfaction of the Judicial Magistrate Court, Ambattur. The petitioner is directed to surrender before the learned Judicial Magistrate, Ambattur within 15 days from the date of receipt of a copy of this order. Other conditions made in the earlier order dated 22.09.2017 in CMP.No.3335 of 2017 passed by the learned Principal District and Sessions Judge, Tiruvallur shall remain intact.

4. This petition is ordered accordingly.

s/d- Assistant Registrar(CS-IV) Dated: 25.10.2017 *Corrected as per the order of this court dated 03.11.2017 and made herein Sd/ Assistant Registrar Dated: 10.11.2017 True Copy Sub-Assistant Registrar dpq To

1. The learned Principal District and To be substituted to Sessions Judge, Thiruvallur. the order already despatched on 01.11.2017

2. The Judicial Magistrate Ambathur, Chennai.

3. The The Inspector of Police, All Women Police Station, Ambattur, Chennai.

4. The Public Prosecutor, High Court, Madras.

+1 Cc to Mr.P. Kumaresan, Advocate sr 78405 Crl.O.P.No.20937 of 2017 SP(10/11/2017) https://hcservices.ecourts.gov.in/hcservices/