M.Prabhu, M/A 26 Years, v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.04.2018 C O R A M THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.Nos.11730 to 11743 of 2018 M.Prabhu
...Petitioner
in all Crl.OP's Vs.
State through The Inspector of Police, Chennai Greater Police Station, Chennai Central, Chennai (Cr.Nos.397,313,306,451,369,321,297, 332,145,402,323,301 and 338 of 2017) ... Respondent in all Crl.OP's PRAYER :
Criminal Original Petitions filed under Section 439 (1) (b) of Cr.P.C to pass an order modifying the orders passed in Crl.M.P.No.1155,1164,1157,1156,1163,1166,1159,1161,1158,1154, 1162, 1160 and 1167 of 2018 dated 13.03.2018 passed by the learned XVI Metropolitan Magistrate, George Town at Chennai to the limited extent of one surety to be executed by the petitioner's blood relative for Rs.5,000/- to any other condition.
For Petitioner : Mr.R.Ganesh Kumar (in all Crl.OP's) For Respondent : Mrs.P.Kritika Kamal, (in all Crl.OP's) Government Advocate (Crl.Side) COMMON O R D E R The petitioner is involved in 14 cases and was arrested on 08.01.2018. He has been granted default bail by the XVI Metropolitan Magistrate, George Town, Chennai on 13.03.2018 under Section 167 (ii) Cr.P.C. for the failure of prosecution to file the charge sheet. While granting bail, the learned XVI Metropolitan Magistrate has directed that the petitioner should execute a bond for Rs.5,000/- with two sureties of whom one should be his blood relative. Challenging that portion of the order, the petitioner has filed the above petitions for modification.
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2. Heard Mr.R.Ganesh Kumar, learned counsel appearing for the petitioner and Mrs.P.Kritika Kamal, learned Government Advocate (Crl.side)appearing for the respondent.
3. The learned counsel for the petitioner submitted that the petitioner's mother had died and that his father had married someone else and is living away. He has also submitted that the petitioner has no siblings.
4. On instructions, the learned Government Advocate (Crl.Side) confirmed the fact that the petitioner has no siblings and that his mother died and that his father living away.
5. The fact remains that though the petitioner was granted bail on 13.03.2018, he is not able to enjoy the fruits of the bail order. Hence, the condition relating to blood surety alone stands deleted.
6. It is open to the XVI Metropolitan Magistrate to impose any other surety condition in order to ensure that the petitioner does not jump bail.
7. These petitions are ordered accordingly.
s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar arr/lok To 1.The XVI Metropolitan Magistrate, George Town, Chennai 2 The Inspector of Police, Chennai Greater Police Station, Chennai Central, Chennai 3.The Public Prosecutor, High Court, Madras.
Crl.O.P.Nos.11730 to 11743 of 2018 SP(20/04/2018) https://hcservices.ecourts.gov.in/hcservices/