Pradeep v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.03.2019
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8141 of 2019 Pradeep .. Petitioner Vs.
The State;
represented by The Inspector of Police, Thiruvanmiyar RPS, Chennai, [Crime No.65 of 2018] .. Respondent Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to modify the condition as the petitioner shall execute a bond for a sum of Rs.10,000/- along with two sureties to the like sum each instead of the petitioner shall execute a bond for a sum of Rs.10,000/-along with two sureties to the like sum each the Sureties shall produce the proper document proof to substantiate the solvency and one of the surety must be his blood relative in Crl.M.P.No.232 of 2019 on the file of IX Metropolitan Magistrate, Saidapet, Chennai600 015 dated 25.02.2019. For Petitioner : Mr K.Thenrajan For Respondent : Mr.C.Raghavan Government Advocate (Crl. Side) -----
ORDER
The Criminal Original Petition is filed by the petitioner seeking to modify the condition as the petitioner shall execute a bond for a sum of Rs.10,000/- along with two sureties to the like sum each instead of the petitioner shall execute a bond for a sum of Rs.10,000/-along with two sureties to the like sum each the Sureties shall produce the proper document proof to substantiate the solvency and one of the surety must be his blood relative in Crl.M.P.No.232 of 2019 on the file of IX Metropolitan Magistrate, Saidapet, Chennai- 600 015 dated 25.02.2019.
2. The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated by the respondent police for the offences under sections 392, 397 and
307 of IPC and thereafter, the petitioner was arrested and remanded to custody from 12.10.2018 to till date. Thereafter, the petitioner moved mandatory bail application under section 167(2) of CrPC and the conditions were imposed in Crl.M.P.No.232 of 2018 dated 25.02.2019 by the learned IX Metropolitan Magistrate, Saidapet, Chennai-15. Following the same, the petitioner relatives and friends could not able to produce solvency certificate even after his reasonable efforts. Hence, the petitioner approached this court seeking for modification.
3. It is seen that the condition imposed by the learned IX Metropolitan Magistrate, Saidapet, Chennai-15, on 25.02.2019, "the petitioner shall execute a bond for a sum of Rs.10,000/- along with two sureties to the like sum each. The Sureties shall produce the proper document proof to substantiate the solvency and one of the surety must be his blood relative". Therefore, this Court is not inclined to modify the conditions imposed by the learned IX Metropolitan Magistrate, Saidapet, Chennai-15.
5. With the above observations, this Criminal Original Petition stands dismissed.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar msm To
1. The Inspector of Police, Thiruvanmiyar RPS, Chennai, [Crime No.65 of 2018] 2.The Public Prosecutor High Court of Madras, Chennai.
3.The IX Metropolitan Magistrate, Saidapet, Chennai.
4.The Chief Metropolitan Magistrate, Saidapet, Chennai.
+1cc to Mr.V.Karnan, Advocate sr.no.32165 Crl.O.P.No.8141 of 2019 pp(co) nr 03/04/2019