Madras High CourtWP/2612/2017disposed of

P.Devan v. The State Of Tamilnadu Rep.,

2017-02-03Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.02.2017

CORAM

THE HONOURABLE DR. JUSTICE P.DEVADASS CRL.O.P. No.2612 OF 2017 Vinoth@Yesu Raja ..

Petitioner/Accused-4

Versus

State represented by the Inspector of Police, Nagapattinam Town Police Station, Nagapattinam District.

(Crime No.1/2016) ..

Respondent/Complainant PRAYER : Criminal Original Petition filed under Section 439(1) (b) of Code of Criminal Procedure, to modify the condition made in Crl.M.P. No.3162 of 2016 on the file of the learned Judicial Magistrate I, Nagapattinam, by order dated 04.05.2016. For Petitioner :

Mr.J.Jawahar For Respondent :

Mr.K.Mathan Government Advocate (Crl. Side) * * * * *

O R D E R

This is a petition for modification of certain portion of the conditions in the default bail passed by the learned Judicial Magistrate I, Nagapattinam in Crl.M.P. No.3162 of 2016 dated 04.05.2016.

2.The petitioner is A4 in this case. This accused is concerned in a murder case. The case has been registered in Crime No.01/2016 by the Inspector of Police, Nagapattinam Town Police Station. As early as on 04.05.2016, the learned Judicial Magistrate No.I, Nagapattinam granted him default bail imposing certain conditions namely two sureties for Rs.10,000/- each in which one must be a blood surety (family members) and the accused shall appear before the respondent/police daily at 5.00 p.m. for 30 days. Yet the petitioner continued to remain in jail.

3.According to the learned counsel for the petitioner, all the blood relatives are totally against the petitioner. Nobody https://hcservices.ecourts.gov.in/hcservices/

is coming forward to stand a surety. He has also become an orphan. All his relatives let him down. In the said situation, the condition to produce one blood surety causes him hardship and he is unable to furnish the bail bond.

4.Considering the above aspects, enabling him to enjoy the bail furnishing the bond, come out of the jail and taking note of his long incarceration, we can modify the condition. 5.Ordered as under:

In the Statutory Bail Order passed by the Judicial Magistrate No.I, Nagapattinam in Crl.M.P. No.3162 of 2016 dated 04.05.2016, out of two sureties one must be a blood surety (family member) shall be deleted and the condition that he should appear daily at 5 p.m. for 30 days is modified to the effect that he shall appear as and when required for interrogation, if final report is not filed. If final report is filed, he will appear before the said Magistrate on every Monday and Friday at 10.30 a.m. for a period of two weeks.

6.Accordingly, this Criminal Original Petition is disposed of.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar vga To 1.The Judicial Magistrate I, Nagapattinam 2.The Inspector of Police, Nagapattinam Town Police Station, Nagapattinam District.

3.The Public Prosecutor, High Court of Madras, Chennai - 600 104.

+1cc to Mr.J.Jawahar,Advocate sr.2843(7/3/2017) CRL.O.P. NO.2612 OF 2017 Rs1(co) ss(2/3/2017) https://hcservices.ecourts.gov.in/hcservices/