Madras High CourtCRL OP/10769/2021ordered

Manikandan v. The State Rep.By

2021-06-23Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.10769 of 2021 Manikandan, M/23 years, S/o.Muneeswaran ... Petitioner/Petitioner/Petitioner/Accused 3 Vs.

The State represented by its The Inspector of Police, Malayampalayam Police Station, .(Crime No.437 of 2020) ... Respondent/Respondent/Respondent/Complainant Prayer: Criminal Original petition has been filed under Sections 439(1)(b) of the Code of Criminal Procedure, to set aside the order passed by the Hon'ble Principal District and Sessions Judge, Erode in Crl.M.P.No.907 of 2021 in Crl.M.P.No.405 of 2021 on 09.06.2021.

For Petitioner : Mr.R.Radha Pandiyan For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side)

O R D E R

(The case has been heard through video conference) This Criminal Original Petition has been filed seeking to set aside the order passed by the Hon'ble Principal District and Sessions Judge, Erode in Crl.M.P.No.907 of 2021 in Crl.M.P.No.405 of 2021 on 09.06.2021.

2.The learned counsel for the petitioner would submit that the lower Court, while granting bail to the petitioner, imposed a condition that the petitioner shall execute a bond for a sum of Rs.10,000/- with two sureties native of Kodumudi for the like sum each to the satisfaction of the District Munsif cum Judicial Magistrate, Kodumudi with further conditions. He further submit that the petitioner could not give and produce sureties native of Kodumudi and further Covid-19 pandemic situation. Hence, he has filed a present petition before this Court.

3.Heard both sides.

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4.Considering the submission made by the learned counsel for the petitioner, the condition imposed on the petitioner by the Court below in Crl.M.P.No.907 of 2021 in Crl.M.P.No.405 of 2021 on 09.06.2021., is modified to the effect that the petitioner shall execute a bond for a sum of Rs.10,000/- with two sureties native of Madurai and one surety shall be a Government Servant. The other conditions imposed by the Court below shall remains intact.

5.Accordingly, this Criminal Original Petition is modified. Sd/- Assistant Registrar(CO) //True copy// Sub Assistant Registrar msrm To 1.The Principal District and Sessions Judge, Erode

2. The Inspector of Police, Malayampalayam Police Station,

3. The Public Prosecutor, Madras High Court.

4. The District-Munsif-cum-Judicial Magistrate, Kodumudi.

5. The Chief Judicial Magistrate, Erode.

Crl.O.P.No.10769 of 2021 SRA(CO) GMY(05/07/2021) https://hcservices.ecourts.gov.in/hcservices/