Pallu @ Sathish @ Sathish Kumar v. State, Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P. No.6051 of 2019 1.Pallu @ Sathish @ Sathish Kumar 2.Bonda @ Praveen @ Prem Kumar ... Petitioners Vs.

The State, represented by;

The Sub Inspector of Police, Makudanchavadi Police Station, [Crime No.316/2018].

... Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to modify the condition imposed in Crl.M.P.No.09 of 2019 in C.C.No.326 of 2018 in Crime No.316 of 2018 on the file of the Judicial Magistrate - II, Sangakiri, by an order dated 07.01.2019.

For Petitioners : M/s A.Ramesh For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed for modification to modify the conditions imposed in C.M.P.No.09 of 2019 in C.C.No.326 of 2018 in Crime No.316 of 2018 passed by the learned Judicial Magistrate-II, Sangakiri, by an order dated 07.01.2019, thereby imposed the conditions that the petitioners shall execute bail bond for a sum of Rs.10,000/- each with two sureties, out of whom, one surety must be blood relative of the petitioners.

2.

It is seen from the records that the petitioners were granted bail by an order dated 07.01.2019 in C.M.P.No.9 of 2019 in C.C.No.326 of 2018 by the learned Judicial Magistrate-II, Sankagiri, on the conditions that the petitioners shall execute bail bond for a sum of Rs.10,000/- each with two sureties, out of whom, one surety must be blood relative of the petitioners. Since the petitioners could not arrange a blood surety, they filed a petition before the learned Principal Sessions Judge, Salem in C.M.P.No.317 of 2019 in C.M.P.No.9 of 2019 in https://hcservices.ecourts.gov.in/hcservices/

C.C.No.326 of 2018, to modify the said condition and the same was dismissed by an order dated 01.02.2019, as against which the petitioners filed this present petition.

3.

Considering the facts and circumstances of the case, this Court is inclined to modify the condition imposed by the learned Judicial Magistrate-II, Sangakiri, Crl.M.P.No.09 of 2019 in C.C.No.326 of 2018, to the effect that the petitioners shall execute bail bond for a sum of Rs.10,000/- (Rupees ten thousand only) with any of the two sureties. The other conditions shall remain intact.

4.

Accordingly, this Criminal Original Petition is allowed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar msm/rts To 1.The Chief Judicial Magistrate, Sangakiri.

2. The Principal Sessions Judge, Salem.

3. The Judicial Magistrate Court- II, Sangakiri.

4.The Sub Inspector of Police, Makudanchavadi Police Station 5.The Public Prosecutor, High Court, Madras.

+1cc to M/s A.Ramesh, Advocate sr.no.22176 CRL.O.P. No.6051 of 2019 nr 18/03/2019 https://hcservices.ecourts.gov.in/hcservices/