Ravi @ Ravichandran, v. The State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:13.10.2017
CORAM:
THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.21859 of 2017 Ravi@Ravichandran ..Petitioner/Accused A5 Vs.
The State by The Station House Officer, Auroville Police Station, Vanur Taluk, Villupuram District.
*PRC.No.6 of 2016 Crime No.207/2008 ..Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to modify the first and second condition imposed by the Principal Sessions Judge, Villupuram, in his order in Crl.M.P.No.6778 of 2017 dated 06.10.2017 that i) Deposit a sum of Rs.50,000/- as cash security before the lower court ii) As well as on his execution a bond for Rs.10,000/- with two sureties (one of surety must be a Government servant) for a like sum each to the satisfaction of Judicial Magistrate, Vanur. For Petitioner :
Mr.S.Anburaja For Respondent :
Mr.P.Govindarajan Additional Public Prosecutor
ORDER
By Order dated 06.10.2017 passed in Crl.M.P.No.6778 of 2017 in Crime No.207 of 2008, bail was granted to the petitioner on condition to deposit a sum of Rs.50,000/- as cash security as well as on his executing a bond for Rs.10,000/- with two sureties (one of the surety must be a Government servant) for a like sum each to the satisfaction of Judicial Magistrate, Vanur on condition that the petitioner shall appear before the Judicial Magistrate, Vanur at 10.00 a.m., until further orders. According to the petitioner, the said condition is an onerous one for the grant of bail and hence, he has filed the present
petition seeking for modification of condition.
2. Learned counsel for the petitioner submitted that the petitioner belongs to a very poor family and do not have any relatives or friend to manage to mobilize money. He further submitted that the petitioner does not have any friends or relatives working as a Government Servant and hence he finds it difficult to comply with the first and second condition imposed by the learned Sessions Judge, Villupuram.
3.Learned Additional Public Prosecutor on instructions submitted that the petitioner is in judicial custody since 28.08.2017.
4. As per the allegations in the complaint, the petitioner is claimed to have robbed 1420 Kg Iron and was arrested and subsequently released on bail. After investigation, charge sheet has been filed and taken into custody on 28.08.2017.
5. Hence, the condition imposed in the bail order dated 06.10.2017 passed in Crl.M.P.No.6778 of 2017 on the file of the learned Principal Sessions Judge, Villupuram, in so far as the direction to the petitioner, to deposit a sum of Rs.50,000/- before the lower court as well as the one of the surety must be a Government servant is deleted.
6.Consequently, the petitioner is directed to be released on bail in connection with Crime No.207 of 2008 on condition that the petitioner executes a bond for Rs.10,000/- with two sureties each for a like sum to the satisfaction of the Judicial Magistrate, Vanur. The petitioner shall also appear before the respondent police daily at 10.00 a.m., until further orders of the learned Principal Sessions Judge, Villupuram. With the above observations, this Criminal Original Petition stands ordered.
Sd/- Asst.Registrar (CS V ) *Corrected as per order of this court dated 13.11.2017 made in Crl.MP.No.1445/17 in Crl.OP.No.21859/17 -s/dAssistant Registrar(CO) dt:20/11/2017 /true copy/ Sub Asst. Registrar
To 1.The Principal Sessions Judge, To be Substituted order Villupuram.
already despatched on 20/10/2017
2. The Judicial Magistrate, Vanur.
3.The Station House Officer, Auroville Police Station, Vanur Taluk, Villupuram District.
Crime No.207 of 2008 PRC No.6 of 2016
4. The Public Prosecutor, High Court, Madras.
+1cc to Mr.S.Anburaja, Advocate in sr.no.73750 +1cc to Mr.S.Anburaja, Advocate in sr.no.82644 dt 21/11/2017 Crl.O.P.No.21859 of 2017 NR 13/10/2017 aa20/11/2017