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Madras High CourtCRL MP/3561/2023modified

Putshithan v. The Inspector Of Police

2023-03-14Honourable Mr Justice V.Sivagnanam4 pages

Crl MP No.3561 of 2023 in Crl.A.No.1324 of 2022 V.SIVAGNANAM, J., This Criminal Miscellaneous Petition has been filed, seeking to modify one of the conditions imposed on 03.01.2023 in Crl.MP.No.20083 of 2022 and release the petitioner on his own bond pending disposal of Crl.A.No.1324 of 2022.

2.The learned counsel for the petitioner has submitted that while suspending the sentence in Crl.MP.No.20083 of 2022 in Crl.A.No.1324 of 2022, this Court vide order dated 03.01.2023, imposed one of the conditions that the petitioner shall execute a bond for a sum of Rs.25,000/- along with two sureties, each for a likesum to the satisfaction of the Judicial Magistrate, Udhagamandalam. The learned counsel submitted that the petitioner is admitted in a Hospital due to Chronic renal failure and he is not in a position to comply with the said condition and hence, the learned counsel would urge this Court to 1/4

modify the said condition and order to release him on executing his own bond.

3.When the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondent conceded that the petitioner is under treatment as per the report of the Jail Superintendent, Central Prison, Coimbatore.

4.I have considered the submissions made by the learned counsel on either side and perused the entire materials available on record and the fact reveals that as per the letter sent by the Jail Superintendent, Central Prison, Coimbatore, the petitioner is being suffering with Chronic renal failure and taking treatment.

5.In view of the above, one of the condition imposed in the earlier order dated 03.01.2023 in Crl.MP.No.20083 of 2022, is hereby modified as (i) the petitioner shall execute his own bond for a sum of Rs.25,000/- 2/4

(Rupees Twenty Five Thousand only) for a likesum to the satisfaction of the Judicial Magistrate, Udhagamandalam.

6.Accordingly, this Criminal Miscellaneous Petition is allowed. dn 14.03.2023 3/4

V.SIVAGNANAM, J., dn Crl MP No.3561 of 2023 in Crl.A.No.1324 of 2022 14.03.2023 4/4