Raja @ Rajarathnam v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 9449 of 2025 Raja @ Rajarathnam ....

Petitioner Vs State rep.by The Inspector of Police, Mallur Police Station, Salem District.

Crime No.339 of 2024 ....

Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the order made in C.M.P.No.186 of 2025, dated 06.02.2025 on the file of the Judicial Magistrate No.VI, Salem and consequently to modify the condition imposed in Para 3(1) in C.M.P.No.131 of 2025 dated 27.01.2025 on the file of the Judicial Magistrate No.VI, Salem. For Petitioner : Mr.W.Camyles Gandhi For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed to set aside the order made in C.M.P.No.186 of 2025, dated 06.02.2025 on the file of the Judicial Magistrate No.VI, Salem and consequently to modify the condition imposed in Para 3(1) in C.M.P.No.131 of 2025 dated 27.01.2025 on the file of the Judicial Magistrate No.VI, Salem.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The learned counsel for the petitioner would submit that while granting bail, the Judicial Magistrate No.VI, Salem, imposed conditions on the petitioner that he shall execute a bond for a sum of Rs.10,000/- along with two sureties, each for a like sum. One of the surety should be a blood relative. He further submitted that the parents of the petitioner were died and therefore, he is unable to provide the required sureties. Therefore, he prays for a modification of the condition.

4. Considering the submission made by the learned counsel for the petitioner, the condition in para 3(1) imposed on the petitioner in C.M.P.No.131 of 2025 dated 27.01.2025 is modified to the effect that the petitioner shall execute a bond for a sum of Rs.10,000/- along with two sureties, each for a like sum. The other conditions remain unaltered.

5. With the above modification, this Criminal Original Petition is allowed.

27.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp

G.K.ILANTHIRAIYAN, J.

Lpp To

1. The Judicial Magistrate No.VI, Salem

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

3 The Public Prosecutor, High Court, Madras.

Crl.O.P.No.9449 of 2025 27.03.2025