Madras High CourtCRL OP/8721/2020modified

Saravanan v. State Rep.By Its

2020-06-16Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:16.06.2020

CORAM:

THE HON'BLE MR.JUSTICE M. NIRMAL KUMAR Crl.O.P.No.8721 of 2020 Saravanan ..Petitioner Vs.

The state rep.by The Inspector of Police, Edappadi Police Station, Salem, Salem District (Crime No.335 of 2019) ..Respondent Prayer : Criminal Original Petition filed under Section 439 Cr.P.C., to modify the condition of the Principal Sessions Judge of Salem, order made in C.M.P.No.3848 of 2019, dated 29.11.2019 "that the petitioner in both the petitions are ordered to be released on bail on their executing a bond each for sum of Rs.10,000/- (Rupees Ten Thousand Only) with two blood related sureties each for a like sum to the satisfaction of the learned District Munsif-cum-Judicial Magistrate, Edappadi". For Petitioner : Mr.W.Camyles Gandhi For Respondent : Mr.C. Iyyappa Raj Additional Public Prosecutor

O R D E R

The petitioner filed this petition to modify the condition imposed by this Court in Crl.M.P.No.3848 of 2019 on 29.11.2019 that the petitioner in both the petitions are ordered to be released on bail on their executing a bond each for sum of Rs.10,000/- (Rupees Ten Thousand Only) with two blood related sureties each for a like sum to the satisfaction of the learned District Munsif-cum-Judicial Magistrate, Edappadi.

2. The learned counsel for the petitioner submitted that it is very difficult for him to find blood related surety. Though the bail was granted on 29.11.2019, due to the above condition, the petitioner has not come out on bail, which amounts to sentence without conviction.

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3. Considering the facts and circumstances of the case, the condition already imposed on the petitioner is modified to the effect that the petitioner shall execute a bond for sum of Rs.10,000/- with two sureties, out of which one shall be a relative surety and the trial Court should not insist for any blood relative surety. The other conditions imposed by this Court shall remain unaltered.

4. Accordingly, this petition is ordered.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar dna To

1. The District Munsi-Cum-Judicial Magistrate, Edappadi.

2. The Inspector of Police, Edappadi Police Station, Salem, Salem District.

3. The Public Prosecutor, High Court, Madras.

Copy to The Superintendent, Central Prison, Salem.

Crl.O.P.No.8721 of 2020 SSV(CO) KKV/05/10/2020 https://hcservices.ecourts.gov.in/hcservices/