Nilroy F/A 27 Years, v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.04.2018
CORAM:
THE HON'BLE MR. JUSTICE P.N. PRAKASH Crl.O.P.No.10575 of 2018 Nilroy ... Petitioner vs.
State Rep.by Inspector of Police, Anti Vice Squad, Chintadripet, Chennai-2 .
...Respondent
Criminal Original Petition filed under Section 482 Cr.P.C. seeking to modify the condition imposed by the learned IV MM Saidapet, Chennai-15 in Crl.MP.No.324 of 2018 dated 23.03.2018 by modifying the order of producing blood surety. For petitioner :
Mr.J.William Shakesphere For respondent : Mr.C.Raghavan Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed to modify the condition imposed by the Metropolitan Magistrate No.IV, Saidapet, Chennai-15 in Crl.MP.No.324 of 2018 dated 23.03.2018.
2. The petitioner was granted bail by the Metropolitan Magistrate No.IV, Saidapet, Chennai, on 01.03.2018 in C.M.P.No.324 of 2018 for the offences under Sections 3(2)a, 4 (1), 5(1)a of the Immoral Traffic Prevention Act, on condition that the petitioner shall execute a bond of Rs.10,000/- with two sureties to the like sum and out of which, one surety must be a blood surety.
3. The petitioner filed C.M.P.No.5169 of 2018 before the Sessions Court, Chennai, seeking modification of the condition relating to the blood surety on the ground that the petitioner does not have any blood relative. The said petition has been dismissed on 23.03.2018 by the Sessions Court on the ground that
the petitioner had not produced any evidence to show that he has no relatives. The Sessions Court has also noted that the petitioner is from Calcutta and if he is released on bail, he will not be available for trial.
4. The learned counsel for the petitioner submitted that the petitioner has not been able to enjoy the bail order on account of the aforesaid condition.
5. It is seen that the bail has been granted by the Metropolitan Magistrate No.IV, Saidapet, Chennai in C.M.P.No.324 of 2018 on certain conditions. Liberty is given to the petitioner to approach the Metropolitan Magistrate No.IV, Saidapet, Chennai, for modification of the said condition by satisfying the Magistrate that the petitioner will not abscond and he will be available for trial.
6. Accordingly, this Criminal Original Petition is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar mk / lok To
1. The Metropolitan Magistrate No.IV, Saidapet, Chennai 2.The Chief Judicial Mgistrate Egmore Chennai-8 3.The Principal sessions Judge, Sessions Court, chennai.
4.The Inspector of Police, Anti Vice Squad, Chintadripet, Chennai-2.
5.The Public Prosecutor, High court, Chennai.
6.The Supertient of central Prision (Woman) Puzhal.
+1cc to Mr.J.William Shakesphere, Advocate, S.R.No.24743 Crl.O.P.No.10575 of 2018 nm(CO) GSP(12/04/2018)