Boomi v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 07.03.2025

CORAM:

THE HON`BLE MR.JUSTICE SUNDER MOHAN

1. Boomi W/o. Ramu

2. Sumithra W/o. Pichai ... Petitioners / Accused Vs State rep. by:- The Sub-Inspector Of Police, B7 Ponerikarai Police Station, Kancheepuram District.

... Respondent [Cr. No.76 of 2024] PRAYER: - The Criminal Miscellaneous Petition is filed under Section 528 of B.N.S.S., praying to modify the condition in Para 5(i) imposed by this Court in the order dated 23.01.2025 made in Crl. M.P. No.1499 of 2024.

For Petitioner : Mr.S. Seenuvasan For Respondent : Mr. S. Santhosh Government Advocate [Criminal side]

ORDER

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This petition seeks modification of the condition imposed by the learned Judicial Magistrate-II, Kancheepuram directing the petitioner to offer two sureties and out of two sureties, one surety must be blood relative.

2. The relevant portion of the condition No.5(i) reads as follows:- "5(i) to execute a personal bond for a sum of Rs.10,000/- each, along with two sureties for the like sum each, one surety to be a blood surety and the sureties must be certified with Local Tahsildar".

3. Learned counsel appearing for the petitioners would submit that though the order was passed on 23.01.2025, the petitioners are unable to execute the sureties, because they are not able to produce the blood relative as surety and hence sought for modification.

4. Learned Government Advocate (Criminal side) appearing for the respondent police, on instructions, submitted that investigation was completed.

5. Considering the fact that the petitioners still in custody, in spite of the bail order dated 23.01.2025, and they are unable to produce the blood relative, this Court is of the view that the condition no.5(i) can be 2/4

modified.

6. Accordingly, the condition 5(i) that 'to execute a personal bond for a sum of Rs.10,000/- each, along with two sureties for the like sum each, one surety to be a blood surety and the sureties must be certified with Local Tahsildar" imposed on the petitioner vide order in Crl. M.P. No.1499 of 2024 dated 23.01.2025 is modified to the effect that 'to execute a personal bond for a sum of Rs.10,000/- each, along with two sureties for the like sum each". The other conditions imposed in Crl. M.P. No.1499 of 2024 shall remain unaltered.

07.03.2025 mjs Note: Issue on 10.03.2025.

To 1.The Judicial Magistrate No.II, Kancheepuram.

2. The Public Prosecutor, High Court, Madras. 3.The Sub-Inspector Of Police, B7 Ponerikarai Police Station, Kancheepuram District.

SUNDER MOHAN. J., mjs 3/4

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