Anand v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:03.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8991 of 2019 1.Anand 2.Surya ... Petitioners Vs.

State, represented by The Inspector of Police (L&O), P2 Otteri Police Station, Chennai.

(Crime No.56 of 2019) ... Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to modify the bail condition that from "the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each with two sureties,, one surety must be a Government Surety each for a likesum to the satisfaction of the Learned V Metropolitan Magistrate, Chennai to "the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, one surety may be normal surety, each for a likesum to the satisfaction of the learned V Metropolitan Magistrate, Chennai" in Crl.M.P.No.6032 of 2019 dated 27.03.2019 in Cr.No.56 of 2019 on the file of the respondent Police. For Petitioner : Mr.R.Sudhakar For Respondent : Mr.C.Raghavan Government Advocate (Crl.side)

O R D E R

This Criminal Original Petition has been filed seeking to modify the order dated 27.03.2019 made in Crl.M.P.No.6032 of 2019 in Crime No.56 of 2019, by the learned V Metropolitan Magistrate, Chennai.

2.It is seen that the petitioner was granted bail on 20.02.2019 by the learned Principal Sessions Judge, Chennai, in Crl.M.P.No.3032 of 2019 on certain conditions, one among the condition is as follows:

"Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, one surety must be a Government Servant each for a likesum to the satisfaction of the learned V Metropolitan Magistrate, Chennai........"

3.The learned counsel for the petitioners submitted that since the petitioners could not arrange to provide Government surety, they seek for modification to provide blood surety instead of Government surety in Crl.M.P.No.6032 in Crl.M.P.No.3032 of 2019. The learned Principal Sessions Judge, Chennai, by an order dated 27.03.2019 has modified the condition to the effect that "Instead of one Government Servant Surety, the petitioners shall produce one regular surety." Now, the petitioners have filed this petition seeking modification of the above said condition that instead of normal surety, the petitioners may be granted to provide blood sureties.

4.The learned Additional Public Prosecutor submitted that investigation is still pending. 5.Heard Mr.R.Sudhakar, learned counsel for the petitioner and Mr.C.Raghavan, learned Government Advocate (Crl.side) for the respondent.

6.Considering the submissions made by the learned counsel appearing for the petitioner, the condition No.7 in the order dated 20.02.2019, subsequently modified on 27.03.2019 in Crl.M.P.No.6032 of 2019 is modified as follows:

"the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two blood sureties, each for a likesum to the satisfaction of the learned V Metropolitan Magistrate, Chennai...."

All other conditions imposed in Crl.M.P.No.3032 of 2019 shall remain unaltered.

7.Accordingly, this Criminal Original Petition stands allowed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar

rm To 1.The Principal Sessions Judge, Chennai.

2.The Inspector of Police (L&O), P2 Otteri Police Station, Chennai.

(Crime No.56 of 2019) 3.The Public Prosecutor, High Court, Madras.

4.The Learned V Metropolitan Magistrate, Chennai Crl.O.P.No.8991 of 2019 +2ccs to Mr.R.Sudhakar , Advocate SR.No. 31803 A.SK(03/04/2019)