Appu @ Illavarasan v. The Inspector Of Police

In the High Court of Judicature at Madras Dated : 05.08.2015 Coram :

The Honourable Mr.Justice S.VAIDYANATHAN Crl.OP.No.19618/2015 Appu @ Ilavarasan

...Petitioner

Vs The Inspector of police T15 SRMC Police Station.

...Respondent

PETITION filed under section 439[1][B] of Cr.P.C., praying for modification of the order passed in Crl.MP.No.1151/2015 dated 27.03.2015 on the file of the learned Judicial Magistrate No.1, Poonamallee, in Cr.No.765/2015 on the file of the Inspector of police, T15 SRMC Police Station insofar as in respect of furnishing sureties.

For Petitioner : Mr.S.Senthil Vel For Respondent : Mr.C.Ayyapparaj, GA [Crl.Side]

ORDER

The petitioner has come up with the above petition seeking for modification of the order passed in Crl.MP.No.1151/2015 dated 27.03.2015 on the file of the learned Judicial Magistrate No.1, Poonamallee, in Cr.No.765/2015 on the file of the Inspector of police, T15 SRMC Police Station insofar as in respect of furnishing sureties.

2. Heard Mr.S.Senthil Vel, learned counsel for the petitioner. Mr.C.Ayyapparaj, learned Government Advocate [Crl.Side], who takes notice for the respondent.

3. The learned counsel for the petitioner would submit that the petitioner was granted bail in connection with the case in Cr.No.765/2015 by the learned Judicial Magistrate No.1, Poonamallee on certain conditions, one such condition being to furnish one surety of blood relation and the other surety shall produce title documents in respect of the immovable property which he possess. The learned counsel would further submit that the petitioner does not possess any immovable property and as such, he is unable to abide by the said conditions and hence, he prays for modification. https://hcservices.ecourts.gov.in/hcservices/

4. Considering the above submissions, this Court is constrained to modify the order dated 27.03.2015 passed by the learned Judge concerned in Crl.MP.No.1151/2015 to the effect that the petitioner shall execute a bond for a sum of Rs.10,000/- [Rupees ten thousand only] with two sureties each and that both the sureties shall be of blood relatives. The other condition imposed by the Court concerned shall remain unaltered.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar AP To 1.The Inspector of police T15 SRMC Police Station, Chennai.

2. The Judicial Magistrate-I, Poonamallee.

3.The Public Prosecutor High Court, Madras.

Crl.OP.No.19618/2015 NM(CO) EU 18.08.15 https://hcservices.ecourts.gov.in/hcservices/