Kanna @ Kanha Munda v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Kanna @ Kanha Munda ... Petitioner Vs.

The State represented by The Inspector of Police, PEW Poonamallee Unit, Chennai District.

(Crime No.607of 2023) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., prayed to modify the condition imposed on the petitioner by an order dated 02.01.2024 in Crl.M.P.No.675 of 2024 passed by the learned Principal Sessions Judge for EC & NDPS Act, Chennai, directing the petitioner to execute a bond for Rs.10,000/- along with two acceptable and reliable sureties likesum. One among sureties shall be a Government servant to the satisfaction of the Learned Judicial Magistrate - II, Poonamallee. For Petitioner : Mr. P. Kalimuthu For Respondent : Mr. R. Vinothraja Government Advocate (Crl. Side) 1/4

ORDER

This petition has been filed seeking modification of the order dated 02.01.2024 in Crl.M.P.No.675 of 2024, in which petition, the petitioner was granted bail by the learned Principal Sessions Judge for EC & NDPS Act, Chennai.

2.The petitioner stands accused in Crime No.607 of 2023 registered under Section 8(c) r/w 20(b)(ii)(B) of NDPS Act registered by the respondent.

3.While granting bail, the learned Principal Special Judge, had stated that the petitioner shall execute a bond for a sum of Rs.10,000/- along with two acceptable and reliable sureties. It had also been stipulated that one among sureties is Government servant to the satisfaction of the learned Judicial Magistrate - II, Poonamallee.

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4.The learned counsel for the petitioner stated that the petitioner hails from Odisa and it would be practically impossible to seek any Government servant to stand surety for him.

5.I can understand the difficulties faced by the petitioner in trying to get Government servant to stand as surety for him. 6.Taking all the factors into consideration, the said condition is modified to the effect that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, out of which, one surety must be a blood surety and other surety must be a local surety, each for a like sum to the satisfaction of the learned Judicial Magistrate - II, Poonamallee.

28.03.2024 smv Index : Yes / No : Yes / No Speaking Order : Yes / No 3/4

C.V.KARTHIKEYAN, J.

smv To 1.The Principal Special Court under EC & NDPS Act, Chennai - 104. 2.The Inspector of Police, PEW Poonamallee Unit, Chennai District.

3.The Public Prosecutor, High Court of Madras.

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