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Madras High CourtCRL OP/11202/2018modified

A.Sathis @ Savvu Sathish, v. The State Rep By Its,

2018-04-19Honourable Mr Justice P. N. Prakash4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.04.2018

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.11202 of 2018 A.Sathis @ Savvu Sathish ...

Petitioner Vs State rep.by The Inspector of Police, P-3, Vysarpadi Police Station, Chennai.

...

Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to modify the order dated passed by the learned Principal Sessions Judge, Chennai, in Crl.M.P.No.4758 of 2018 in Crime No.35 of 2018 dated 15.03.2018 and the same was modified in Crl.M.P.No.5254 of 2018 dated 28.03.2018. For Petitioner :Mr.G.Dhurvasan For Respondent :Ms.P.Kritika Kamal, Government Advocate (Crl.Side)

ORDER

This petition has been filed to modify the order passed by the learned Principal Sessions Judge, Chennai, in Crl.M.P.No.4758 of 2018 in Crime No.35 of 2018 dated 15.03.2018 and the same was modified in Crl.M.P.No.5254 of 2018 dated 28.03.2018.

2.The petitioner has involved in 28 previous cases. However, the petitioner has been granted bail in Crl.M.P.No.4758 of 2018 in Crime No.35 of 2018 on the file of P-3, Vysarpadi Police Station, on 15.03.2018 by the learned Principal Sessions Judge, Chennai, by imposing several conditions, one of which is that, the petitioner shall execute a bond for Rs.10,000/- with two sureties, one must be a Government servant. Aggrieved by the said condition, the petitioner is before this Court. 3.Heard the learned counsel appearing for the petitioner as well as Ms.P.Kritika Kamal, Government Advocate (Crl.Side) appearing for the respondent.

4.The learned counsel appearing for the petitioner submitted that the petitioner is a poor person and no Government servant is coming forward to stand as surety. 5.Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent submitted that there are 27 cases pending against the petitioner, which includes the offences of gang rape and POCSO Act.

6.In such view of the matter, this is not a fit case to modify the condition imposed by the Sessions Court and it deserves to be dismissed. However, liberty is given to the petitioner to approach the Sessions Court once again for modification of the condition.

19.04.2018 Index :Yes/No Internet :Yes/No Speaking order/Non speaking order mps To 1.The Principal Sessions Judge, Chennai.

2.The V Metropolitan Magistrate, Chennai.

3.The Inspector of Police, P-3, Vysarpadi Police Station, Chennai.

4.The Public Prosecutor, Madras High Court, Chennai.

P.N.PRAKASH,J, mps Crl.O.P.No.11202 of 2018 19.04.2018