M. Radeesh Kumar @ Stephan v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2025 CORAM :

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.4650 of 2025 M.Radeesh Kumar @ Stephan ... Petitioner

Versus

State rep by The Inspector of Police, K9, Thiru.Vi.Ka.Nagar Police Station, Chennai ... Respondent Cr.No.62 of 2023 For petitioner : Mr.D.Mutharasu For Respondent : Mr.S.Balaji, Government Advocate (Crl.Side)

O R D E R

This petition has been filed seeking modification of one of the conditions imposed on the petitioner by the learned Principal Session Judge, Chennai while allowing the bail petition in Crl.MP.No.36260 of 2023 dated 20.12.2024.

2. Though the learned Metropolitan Magistrate, Egmore, Chennai has granted bail on 24.04.2023 in Crl.M.P.No.10954 of 2023, the petitioner is still languishing in jail since he was not able to comply with the condition imposed by the learned Magistrate. Thereafter, the 1/4

petitioner had sought for modification before the learned Principal Session Judge, Chennai, who directed the petitioner to offer two sufficient and solvent sureties for Rs.25,000/- to the satisfaction of the learned V Metropolitan Magistrate at Egmore, Chennai.

3. The learned counsel for the petitioner submits that the petitioner is not able to comply with the conditions imposed by the learned Principal Sessions Judge since there is no one to execute a surety for him and thereby, he is still in custody. Hence, he seeks for modification of the above said condition.

4. In the light of the aforesaid submissions and since the petitioner is in custody in-spite-of grant of bail on 24.04.2023, this Court is inclined tomodify the said condition. Thereby, the condition imposed as against the petitioner/accused is modified to the effect that the petitioner shall execute a sum of Rs.10,000/- with two sureties for a like sum to the satisfaction of the learned V Metropolitan Magistrate at Egmore, Chennai, both the sureties shall be local sureties. All other conditions remain unaltered.

5. With the above modification, this Criminal Original Petition is ordered.

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To

1. The Principal Session Judge, Chennai

2. The V Metropolitan Magistrate, Chennai

3. The Inspector of Police, K9, Thiru.Vi.Ka.Nagar Police Station, Chennai

4. The Public Prosecutor, High Court of Madras, Chennai.

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SUNDER MOHAN, J.

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