Madras High CourtCRL OP/12257/2021modified

Karthick v. The State Rep.By

2021-07-15Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.12257 of 2021 Karthick M/A 22 years, S/o.Saravanakumar ...Petitioner/Accused No.1 Vs.

The State represented by its The Inspector of Police, Omalur Police Station, Salem District.

(Crime No.166 of 2021) ...Respondent/Complainant Prayer: Criminal Original Petition has been filed under Sections 439(1)(b) of the Code of Criminal Procedure, to modify the condition imposed in Crl.M.P.No.217 of 2021 dated 13.05.2021 on the file of the Hon'ble Special Court for Exclusive Trail of Cases Under POCSO Act, Salem that '' the petitioner/accused is released on bail on executing a bond for Rs.50,000/- with two sureties for like sum each and one among be a close blood relative and another surety shall be a close relative''. For Petitioner : Mr.C.Deepak kumar For Respondent : Mr.C.E.Pratab 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 modify the condition imposed in Crl.M.P.No.217 of 2021 dated 13.05.2021 on the file of the Hon'ble Special Court for Exclusive Trail of Cases Under POCSO Act, Salem that '' the petitioner/accused is released on bail on executing a bond for Rs.50,000/- with two sureties for like sum each and one among be a close blood relative and another surety shall be a close relative''.

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 https://hcservices.ecourts.gov.in/hcservices/

of Rs.50,000/- with two sureties for like sum each and one among be a close blood relative and another surety shall be a close relative''. Now, it is submitted by the learned counsel for the petitioner that the petitioner's father is no more and survived by his mother and a sister only as blood relative, but they are not having any property/solvency for the bond of Rs.50,000/- standing in their name. Hence, he sought for suitable modification of the above said condition.

3. Heard both sides.

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.217 of 2021 dated 13.05.2021 is modified to the effect that the petitioner shall execute a bond for a sum of Rs.50,000/- with two sureties, each for like sum, one shall be a close relative. The other conditions imposed by the Court below shall remains intact.

5.Accordingly, this Criminal Original Petition is allowed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar msrm To 1.The Special Court of Exclusive Trial of Cases Under POCSO Act, Salem

2. The Inspector of Police, Omalur Police Station, Salem District.

3. The Superintendent, Central Prison, Salem.

4. The Public Prosecutor, Madras High Court.

Copy to The Hon'ble Posco Committee, High Court, Madras - 104.

Crl.O.P.No.12257 of 2021 NRL[co] NSK 02/08/2021 https://hcservices.ecourts.gov.in/hcservices/