Boobalan v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2024

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN Boobalan S/o. Sekar ... Petitioner/Accused-4 Vs.

The State rep. by The Inspector of Police, Kandamangalam Police Station, Villupuram District.

(Crime No.495 of 2023) ... Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to modify the conditional order in Crl.M.P.No.1236 of 2024 in Crime No.495 of 2023, dated 21.02.2024 passed by the Principal Sessions Judge, Villupuram. For Petitioner : Mr.A.T.Ambukumar For Respondent : Mr.R.Vinothraja Government Advocate (Crl. Side)

O R D E R

This petition has been filed seeking modification of the condition imposed by this learned Principal Sessions Judge, Villupuram, in

Crl.M.P.No.1236 of 2024, by an order dated 21.02.2024 wherein, while granting bail to the petitioner, who is an accused in Crime No.495 of 2023, registered by the respondent police for the offence under Sections 294(b), 353, 506(ii) and 307 of IPC r/w Section 25(1A) of Arms Act, 1959, the learned Principal Sessions Judge, Villupuram, had directed that the petitioner can be released on bail, if he executes a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) and produces two sureties, out of whom, one surety must be a blood related surety and also should produce documents to show his means. 2.The learned counsel for the petitioner stated that the petitioner is a daily wages worker.

The learned Principal Sessions Judge, Villupuram, had however considered the antecedents of the petitioner, wherein a string of cases had been earlier registered against the petitioner and he had also been detained under Tamil Nadu Act 14 of 1982. But, at any rate, the condition should be commensurate to the offences involved. It is necessary that the conditions should also be stringent enough to ensure that the petitioner does not abscond from judicial process.

3.Balancing all the aspects and also taking into account the fact that the petitioner is said to be a daily wagers worker, the condition to execute bond for

a sum of Rs.1,00,000/- is reduced to Rs.20,000/-. Accordingly, the petitioner shall execute a bond for a sum of Rs.20,000/- with two sureties for like sum. The sureties to be tested by the Judicial Magistrate No.II, Villupuram. 20.03.2024 ata Index : Yes/No Internet : Yes Speaking/non speaking order To

1. The Principal Sessions Judge, Villupuram.

2. The Judicial Magistrate No.II, Villupuram.

3. The Inspector of Police, Kandamangalam Police Station, Villupuram District.

4. The Public Prosecutor, High Court, Madras.

C.V.KARTHIKEYAN , J.

20.03.2024