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Madras High CourtCRL OP/5206/2025dismissed

Chiyan Lawrence v. The State Rep.By, Inspector Of Police,

2025-02-26Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-02-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 5206 of 2025 Chiyan Lawrence Petitioner(s) Vs The State Rep By, The Inspector of Police, H-4, Korukkupet Police Station, Chennai District.

(Crime No.71 of 2023) Respondent(s) PRAYER: This criminal original petition has been filed under Section 528 of BNSS 2023 to modify the condition in para No.6 of the bail order dated 17.02.2025 in Crl.M.P.No.1170 of 2025 in S.C.No.65 of 2024 passed by the learned VII Additional Sessions Judge, City Civil Court, Chennai directing the petitioner to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties.

For Petitioner(s) : M/s. P. Roshankumar For Respondent(s) : Mr. Leonard Arul Joseph Selvam, Government Advocate (Crl.Side) 1/4

ORDER

This criminal original petition has been filed to modify the condition in para No.6 of the bail order dated 17.02.2025 in Crl.M.P.No.1170 of 2025 in S.C.No.65 of 2024 passed by the learned VII Additional Sessions Judge, City Civil Court, Chennai directing the petitioner to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties. 2.

Learned counsel appearing for the petitioner would submit that the petitioner was granted bail in Crl.M.P.No.1170 of 2025 dated 17.02.2025 in connection with S.C. No.65 of 2024 on the file of the learned VII Additional Sessions Judge, City Civil Court, Chennai; that while granting bail, the learned VII Additional Sessions Judge, Chennai imposed the condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties; that since the petitioner is a poor person and has health issues, he was not able to execute the bond for a sum of Rs.10,000/-, therefore, in spite the order of bail, the petitioner is still in judicial custody from 29.01.2025, hence he prayed to modify or set aside the aforesaid condition imposed on the petitioner.

3.

Learned Government Advocate (Crl. Side) appearing for the 2/4

respondent police submits that the petitioner was arrested and remanded to judicial custody on 29.01.2025 in respect of the NBW issued by the learned VII Additional Sessions Judge, Chennai on 18.03.2024 against the petitioner for his non-appearance in S.C.No.65 of 2024; that thereafter, the petitioner approached the VII Additional City Civil Court, Chennai for bail in Crl.M.P.No.1170 of 2025 and the same was allowed on 17.02.2025; that however the petitioner had not complied with the said condition of executing the bond for a sum of Rs.10,000/- with two sureties; and that the said condition is not onerus, hence opposed for this modification petition.

4.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent police and perused the materials available on record.

5.

Taking note of the facts and circumstances of the case, considering the submissions made by the learned counsels on either side, this Court is of the view that the condition imposed on the petitioner to execute the bond for a sum of Rs.10,000/- with two sureties is not onerous, therefore, this Court is not inclined to modify the said condition. 3/4

SUNDER MOHAN, J.

stn 6.

Accordingly, this criminal original petition is dismissed. 26.02.2025 stn To The Inspector of Police, H-4, Korukkupet Police Station, Chennai District.

Crl.O.P. No.5206 of 2025 4/4