Mrs.Lakshmi Prasad, Aged 49 v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.Nos.15874 and 15875 of 2016

1. Lakshmi Prasad

...Petitioner in Crl.OP

No.15874/2016

2. A.K.Shankar Prasad

...Petitioner in Crl.OP

No.15875/2016 Vs 1.The State of Tamil Nadu rep.by The Assistant Commissioner of Police, G-3, Kilpauk Police Station, Chennai.

2.The Inspector of Police, G-3, Kilpauk Police Station, Chennai.

...Respondents in both Crl.OPs

Prayer:- Criminal Original Petitions filed under Section 482 of the Code of Criminal Procedure to modify the order dated 12.07.2016 passed by the learned Principal Sessions Judge, Chennai, in Crl.MP No.9167 of 2016 with regard to surety and appearance before the respondent police.

For Petitioner (in both Crl.OPs):Mr.B.Natarajan For Respondents :Mr.C.Emalias, (in both Crl.OPs.)Additional Public Prosecutor COMMON ORDER These petitions have been filed to modify the order dated 12.07.2016 passed by the learned Principal Sessions Judge, Chennai, in CrlMP No.9167 of 2016 with regard to sureties and appearance before the respondent police.

2. On the complaint lodged by one Suman, petition enquiry was being conducted by the respondent-Police and apprehending arrest, the petitioners filed Crl.MP.No.9167 of 2016 in G.3.Cr.No.not known of 2016 for anticipatory bail before the learned Principal Sessions Judge, Chennai and the learned Judge by an order dated 12.07.2016, has granted anticipatory bail to both the petitioners on the following conditions :

7. (i) Anticipatory bail is granted to the

petitioners.

(ii) In the event of arrest or on their surrender before the learned II Metropolitan Magistrate, Chennai on or before 25.7.2016, failing which, the order shall stand cancelled; the petitioners are ordered to be released on bail on their executing a bond for Rs.1,00,000/- each with two sureties for a likesum to the satisfaction of the said Magistrate.

(iii) The petitioners shall report before the Investigating Officer daily at 10.30 a.m.

until further orders.

3. Aggrieved by the condition to execute a bond for Rs.1,00,000/-, the petitioners are before this Court for modification of the conditions.

4. Taking into consideration the nature of the allegations, this Court is of the view that it will be in the interest of justice, if the bond amount is reduced from Rs.1,00,000/- to Rs.25,000/-, and further condition to report before the respondent-Police can also be modified. According the aforesaid condition is modified as follows : (i) Anticipatory bail is granted to the petitioners.

(ii) In the event of on their surrender before the learned II Metropolitan Magistrate, Chennai on or before 05.08.2016, failing which, the order shall stand cancelled; the petitioners are ordered to be released on bail on their executing a bond for Rs.25,000/- each with two sureties for a likesum to the satisfaction of the said Magistrate.

(iii) The first petitioner A.K.Shankar Prasad shall report before the Investigating Officer daily at 10.30 a.m. for a period of two weeks and thereafter as and when required.

The second petitioner Lakshmi Prasad shall report before the Investigating Officer as and when required.

With the above modifications, these petitions are ordered.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ds To 1.The Principal Sessions Judge, Chennai.

2.The Assistant Commissioner of Police, G-3, Kilpauk Police Station, Chennai.

3.The Inspector of Police, G-3, Kilpauk Police Station, Chennai.

4.The Public Prosecutor, High Court, Chennai.

Crl.OP.Nos.15874 & 15875 of 2016 NR(CO) EU 03.08.16