Madras High CourtCRL OP/8610/2021allowed

Prasanth v. State Rep.By

2021-05-06Honourable Mr Justice G.R.Swaminathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.05.2021 CORAM :

THE HON'BLE Mr.JUSTICE G.R.SWAMINATHAN Crl.O.P.No.8610 of 2021 Prasanth ... Petitioner Vs.

The State rep. By The Inspector of Police, Kunnathur Police Station, Tiruppur.

(Crime No.205 of 2017)

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 (1)(b) of Criminal Procedure Code to modify the condition imposed in CMP.No.7778 of 2017 dated 27.10.2017 that the petitioner must produce at least one blood surety before the Judicial Magistrate, Avinashi.

For Petitioner : Mr.J.Franklin For Respondent : Mr.L.Charles Premkumar Government Advocate (Crl. Side)

ORDER

(The case has been heard through video conference) Heard the learned counsel on either side.

2.The petitioner was implicated in Crime No.205 of 2017 on the file of the respondent for the offences under Sections 302 & 380 of IPC.

3.The petitioner was granted default bail as early as on 27.10.2017 but while granting the bail, a condition was imposed that the petitioner must furnish at least one blood surety. The petitioner's parents are said to be no more. Therefore, the petitioner has not been able to comply with the said condition. As a result, the petitioner has been in custody ever since. 4.The petitioner's counsel states that the petitioner will produce his friends as sureties.

5.Taking note of the fact that the petitioner will produce his friends as surety, the condition to produce at least one surety as blood surety alone is deleted and modified. In all other aspects, the order passed by the Court below will remain intact.

https://hcservices.ecourts.gov.in/hcservices/

6. This criminal original petition is allowed on the said terms.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To:

1.The Judicial Magistrate, Avinashi.

2.The Inspector of Police, Kunnathur Police Station, Tiruppur.

3.The Public Prosecutor, High Court of Madras, Chennai.

Crl.O.P.No.8610 of 2021 GMR(CO) NS(13/05/2021) https://hcservices.ecourts.gov.in/hcservices/