Mohammed Sabatulla Islam v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 10.09.2020 Coram THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.MP.No.5387 of 2020 in Crl.O.P.No.11038 of 2020 Mohammed Sabatulla Islam ... Petitioner Vs.

State by:

The Inspector of Police, S-10, Pallikaranai Police Station, Chennai.

(Crime No.105 of 2020) ... Respondent Prayer: Criminal Original Petition filed to modify the bail condition imposed in Crl.O.P.No.11038 of 2020 dated 24.08.2020 by this court.

For Petitioner : Mr.R.Abubucker For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor.

ORDER

(This case has been heard through video conference) This court while granting bail to the petitioner in Crl.O.P.No.11038 of 2020 dated 24.08.2020, has imposed the following condition :- "(a) Accordingly the Petitioner is ordered to be released on bail on condition that the Petitioner shall execute two sureties for a sum of Rs.10,000/- (Rupees ten thousand only) (each out of which one surety must be is wife and another local surety) before the learned Judicial Magistrate No.II, Alandur, Chennai within a period of two weeks failing which the bail granted by this Court shall stand dismissed automatically".

2. The learned counsel appearing for the petitioner submitted that the petitioner's wife is held up at West Bengal and due to Pandemic situation of Covid - 19, she is unable to

travel to Chennai and hence, prayed to modify clause (a) of the aforesaid order i.e., the condition imposed on the petitioner to execute one surety as "wife of the petitioner" as "brother of the petitioner".

3. Considering the submissions made by the learned counsel for the petitioner and the facts and circumstances of the case, the condition imposed in Crl.O.P.No.11038 of 2020 dated 24.08.2020 is modified to the effect that the Petitioner shall execute two sureties for a sum of Rs.10,000/- (Rupees ten thousand only) each, out of two sureties, one surety must be the brother of the petitioner and another shall be a local surety, before the learned Judicial Magistrate No.II, Alandur, Chennai within a period of two weeks from the date of receipt of a copy of this order, failing which the bail granted by this Court shall stand dismissed automatically.

4. It is made clear that other conditions imposed in the aforesaid order dated 24.08.2020 remains unaltered.

5. With the above directions, this criminal original petition is ordered.

-sd/- 10/09/2020 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE-II,ALANDUR 2 THE CHIEF JUDICIAL MAGISTRATE EGMORE,CHENNAI [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, S-10, PALLIKARANAI POLICE STATION,CHENNAI.

C.C. to M/S. R.ABU BUCKER Advocate on payment of necessary charges Order in CRL MP.5387/2020 in CRL OP.11038/2020 Date :10/09/2020 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format GKS:15/09/2020