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Madras High CourtCRL OP/13313/2020modified

R.Sivakumar v. State Rep. By

2020-09-02Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 02.09.2020 Coram THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA R.Sivakumar ... Petitioner Vs.

State by:

Inspector of Police, Cheyyar Police Station, Thiruvannamalai (Crime No.686 of 2019) .

... Respondent Prayer: Criminal Original Petition filed to modify the bail condition imposed in Crl.M.P.No.1517 of 2020 dated 25.06.2020 by the Judicial Magistrate, Cheyyar. For Petitioners : Mr.R.Ramachandran For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor.

ORDER

(This case has been heard through video conference) The petitioner was granted bail by the Judicial Magistrate, Cheyyar in Crl.M.P.No.1517 of 2020 on 25.06.2020. While granting statutory bail, the petitioner was ordered to execute a bond for a sum of Rs.5,00,000/- with two sureties each for alike sum. Both the sureties shall be blood sureties.

2. The learned counsel appearing for the petitioner submitted that the petitioner was arrested on 21.01.2020 by the respondent police for the offences punishable under Sections 147, 148 and 302 IPC and Section 3 of the Tamil Nadu Public Property Damage Act in Crime No.686 of 2019. He further submitted that the 1/4

petitioner had filed a bail petition and at the time granting statutory bail in Crl.M.P.No.1517 of 2020 on 25.06.2020 by the the Judicial Magistrate, Cheyyar, the petitioner was ordered to execute a bond for a sum of Rs.5,00,000/- with two sureties each for a like sum and both the sureties shall be blood sureties.

3. He further submitted that the petitioner is belonged to a poor family and his father is not well and he is in the village and hence, the petitioner is unable to execute a bond for Rupees five lakhs and arrange two blood sureties. He also submitted that instead of blood sureties, one may be ordered as a blood surety and the another may be ordered as a friend or relative.

4. The learned Additional Public Prosecutor submitted that charge sheet has not been filed so far.

5. Considering the submissions made by the counsel for the petitioner and the facts and circumstances of the case, the condition imposed in Crl.M.P.No.1517 of 2020 on 25.06.2020 by the Judicial Magistrate, Cheyyar is modified to the effect that the petitioner shall execute a bond a for a sum of Rs.50,000/- (fifty thousand) with two sureties each for a like sum and one surety should be a blood relative and another can be either a friend or relative.

6. With the above directions, this criminal original petition is ordered. 02.09.2020 mst 2/4

To

1. The Judicial Magistrate, Cheyyar.

2. The Inspector of Police, Cheyyar Police Station, Thiruvannamalai

3. The Public Prosecutor, Highcourt, Chennai.

4. Concerned Jailor.

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A.D.JAGADISH CHANDIRA, J.

Mst 02.09.2020 4/4