Ayyappan, 29 Years v. The Inspector Of Police

IN THE HIGH COURT OF JUDICTURE AT MADRAS

DATED:12.02.2018

CORAM

THE HONOURABLE Mr.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.3698 of 2018 Ayyappan .. Petitioner/Accused Vs The Inspector of Police, Kallavi Police Station, Krishnagiri District.

(Cr.No.546 of 2004) ..Respondent/ Complainant Prayer: Criminal Original Petition filed under Section 439(1) (b)of Cr.P.C., to relax the condition imposed in Crl.M.P.No.3561 of 2017 on the file of the Judicial Magistrate, Uthangari.

For Petitioner : Mr.R.Sankarasubbu For Respondent : Mr.C.Iyyapparaj (Additional Public Prosecutor)

O R D E R

This petition has been filed to relax the condition imposed in Crl.M.P.No.3561 of 2017 on the file of the Judicial Magistrate, Uthangari.

2.The petitioner was ordered to be released on bail by the learned Judicial Magistrate, Uthangarai in Crl.M.P.No.3561 of 2017 dated 06.12.2017, wherein the condition imposed by the learned Magistrate was that the sureties shall execute a bond for a sum of Rs.10000/- along with two sureties like such sum each and the sureties shall submit the original property document in the Court till the disposal of the case.

3. The learned counsel for the petitioner submitted that though the order was passed on 16.12.2017, since the relatives of the petitioner does not possess any property, they are unable to comply with the condition no.2, wherein the original property document was directed to be submitted in the Court. He would submit that condition is non compilable condition and that the petitioner though granted bail on 16.12.2017, he is unable to come out of bail. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Additional Public Prosecutor was asked to verify about the particulars of the petitioner and has reported that the petitioner is a resident of Puliyampatti Village, Krishnagiri District.

5.Taking into consideration, the facts of the case and the petitioner is in jail, inspite of order granted on 16.12.2017, since the sureties are unable to produce original property document in court, I am inclined to modify that condition no.2 alone . However, the petitioner shall furnish two other sureties to the value of 10,000/- and one of the surety should be mother of the petitioner.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar aav To

1. The Judicial Magistrate, Uthangari.

2.The Inspector of Police, Kallavi Police Station, Krishnagiri District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Sankara Subbu, Advocate SR.NO.3010 dt.14.2.2018 MR(CO) sm:13.2.2018 Crl.O.P.No.3698 of 2018 https://hcservices.ecourts.gov.in/hcservices/