R.Sambath v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN R.Sambath

...Petitioner/Accused

Vs.

The State Rep. by The Inspector of Police, S-14, Pallikaranai Police Station, Chennai - 600 100.

(Crime No.10 of 2025)

...Respondent/Complainant

PRAYER: This criminal miscellaneous petition has been filed under Section 483(1)(b) of the B.N.S.S, to modify condition that the petitioner/accused is ordered to be released on bail on his execution of bond for Rs.10,000/- with two sureties each (out of which, one surety should be his wife or his parent) for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Alandur, by order dated 18.02.2025 in Crl.M.P.No.426 of 2025 on the file of the Hon'ble Principal District and Sessions Judge, Chengalpattu and permit the petitioner to execute bond two sureties.

For Petitioner(s):

Mr.M.Mohammed Hasain For Respondent(s):

Mr.S.Santhosh Government Advocate (Crl.Side) Page No.1 of 4

ORDER

The petitioner is in custody from 10.01.2025, and he was granted bail by the learned Principal District and Sessions Judge, Chengalpattu, on 18.02.2025. He seeks modification of the condition, directing him to produce one surety who should be his wife or his parents.

2. The learned counsel for the petitioner submitted that neither the petitioner's wife nor his parents are willing to offer surety; and that the petitioner is still in custody.

3. Heard the learned Government Advocate (Crl.Side) for the respondent.

4. Considering the fact that the petitioner is in custody in spite of the order granting bail by the learned Principal District and Sessions Judge, Chengalpattu, this Court is of the view that the condition can be modified as follows:

"The petitioner/accused is ordered to be released on bail on his execution of a bond for Rs.10,000/- with two sureties (both sureties shall be local residents) each Page No.2 of 4

for a like sum to the satisfaction of the learned Judicial Magistrate No. II, Alandur."

The other conditions imposed in the order dated 18.02.2025 in Crl.M.P. No.426 of 2025 shall remain unaltered.

5. Further, time to furnish surety is extended by a period of two weeks from the date of receipt of a copy of this order.

6. Accordingly, the criminal original petition is ordered, and the condition is modified.

10.03.2025 dk To 1.The Principal District and Sessions Judge, Chengalpattu.

Page No.3 of 4

SUNDER MOHAN, J.

dk 2.The Inspector of Police, S-14, Pallikaranai Police Station, Chennai.

3. The Public Prosecutor High Court of Madras, Chennai.

10.03.2025 Page No.4 of 4