Arockiya John Bosco v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.08.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.12061 of 2020 Arockiya John Bosco S/o.Selvaraj ... Petitioner/Accused Vs.

The State represented by, The Inspector of Police, Sankar Nagar Police Station, Chennai.

... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 Cr.P.C. to modify the condition imposed on the petitioner in Crl.M.P.No.156 of 2020 dated 27.02.2020 by the learned Judicial Magistrate No.II, Tambaram in Crime No.767 of 2019 on the file of the respondent police. For Petitioner : Mr.D.Gopi Krishnan For Respondent : Mr.K.Prabakar Additional Public Prosecutor 1/5

O R D E R

(The case has been heard through video conference) This petition has been filed to modify the condition imposed on the petitioner by the learned Judicial Magistrate No.II, Tambaram, in Crl.M.P.No.156 of 2020 dated 27.02.2020.

2.The learned counsel appearing for the petitioner would submit that the petitioner was arrested on 11.11.2019 in Crime No.767 of 2019. He would submit that the petitioner was granted bail by the learned Judicial Magistrate No.II, Tambaram, in Crl.M.P.No.156 of 2020, dated 27.02.2020, on condition that the petitioner should execute a bond for a sum of Rs.10,000/- with two sureties and they must be blood relative and the petitioner shall appear before the respondent police daily morning at 10.30 a.m., and 5.00 p.m., until further orders. He further submitted that the petitioner was detained under Act 14 of 1982, therefore, the parents of the petitioner had refused to come forward to stand as sureties. Due to which the petitioner was unable to comply the condition and to produce the blood sureties. Hence, he prays to modify the said condition in Crl.M.P.No.156 of 2020 dated 27.02.2020 by the learned Judicial Magistrate No.II, Tambaram.

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3. Taking into consideration the pandemic situation and that still the petitioner is in jail, the condition imposed by the learned Judicial Magistrate NO.II, Tambaram, in Crl.M.P.No.156 of 2020 dated 27.02.2020 is modified to the effect that "the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand)" with two sureties out of which one should be wife and the other surety shall be some other person, failing which the bail granted to the petitioner shall stand dismissed automatically. The other conditions shall remain intact.

4. Accordingly, this petition is ordered.

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To 1.The Judicial Magistrate No.II, Tambaram.

2.The Inspector of Police, Sankar Nagar Police Station, Chennai.

3.The Superintendent, Central Prison, Puzhal, Chennai.

4.The Public Prosecutor, High Court, Madras.

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A.D.JAGADISH CHANDIRA , J.

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