Elumalai v. The State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 07.10.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.24915 of 2015 1.Elumalai 2.Mangalakshmi

...Petitioners

Vs The State rep by its Inspector of Police, Thirukoilur Police Station, Villupuram District.

...Respondent

Criminal Original Petition filed under Section 482 of Cr.P.C., praying to set aside the order imposing condition to deposit a sum of Rs.25,000/- each as cash security in the anticipatory bail order dated 21.09.2015 made in CMP.No.5847 of 2015 on the file of the Principal District Court, Villupuram.

For Petitioners :

Mr.N.Manokaran For Respondent :

Mr.C.Emalias, APP

O R D E R

This petition has been filed to set aside the order imposing condition to deposit a sum of Rs.25,000/- each as cash security in the anticipatory bail order dated 21.09.2015 made in CMP.No.5847 of 2015 on the file of the learned Principal District Judge, Villupuram.

2. Heard the learned counsel for the petitioners; learned Additional Public Prosecutor for the respondent and perused the materials placed on record.

3. It is seen that, the petitioners were granted anticipatory bail in Crl.MP.No.5847 of 2015 on 21.09.2015, on the following conditions:

"The petitioners are ordered to be released on bail in the event of arrest or surrender before the concerned Judicial Magistrate on or before 01.10.2015 on their depositing a sum of Rs.25,000/- each as cash security before the lower court as well as on their executing a bond for Rs.10,000/- each with two sureties each for a like sum to the satisfaction of the Judicial Magistrate, Thirukoilur and on condition that the petitioners shall appear before the respondent police daily at 10.00a.m until further orders and further that the petitioners shall appear before the investigation officer for interrogation whenever required and not to tamper with the witnesses either directly or indirectly in the meanwhile."

4. Mr.Manokaran, learned counsel for the petitioners has filed this modification application, assailing the condition calling upon the petitioner to deposit a sum of Rs.25,000/- each as cash security, on the ground that, such a condition is onerous.

5. This Court is of the view that, the petitioner should first approach the learned Principal District and Sessions Judge, Villupuram for modification of the aforesaid condition and thereafter, approach this Court, if they are still aggrieved.

With the above observation, this petition is closed. Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar gya To 1.The Principal District Judge, Villupuram.

2.The Inspector of Police, Thirukoilur Police Station, Villupuram District.

3.The Public Prosecutor, High Court, Madras.

1 CC to Mr.N.Manokaran, Advocate SR.No. 54688 CRL.OP.No.24915 of 2015 KSJ (CO) PSI (15.10.2015)