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Madras High CourtCRL OP/22235/2018modified

Sureshkumar @ Rajendiran, v. State, Represented By

2018-09-18Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.09.2018

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI I CRL. O.P.No.22235 of 2018 Sureshkumar @ Gajendiran ... Petitioner Vs.

State Represented by The Inspector of Police, E-5, Sholavaram Police Station, Thiruvallur District.

*(Crime No.882 of 2017) ...

Respondent Criminal Original petition has been filed under Sections 439 (1) (b) of the Code of Criminal Procedure, to modify the order dated 20.02.2018 made in C.M.P.No.475 of 2018, on the file of the Judicial Magistrate II, Ponneri, enabling the petitioner to comply with the order.

For Petitioner : Mr.P.Chandra Sekar For Respondent : Mr.C.Iyyappa Raj Additional Public Prosecutor

O R D E R

This Miscellaneous petition has been filed prayer for modification of the bail condition imposed in C.M.P.No.475 of 2018 dated 20.02.2018 on the file of the Judicial Magistrate II, Ponneri.

2.The learned counsel for the petitioner would submit that the lower Court, while granting bail to the petitioner, imposed the condition the petitioner executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of like sum of which one shall be blood surety and another Governments Servant.

Now, it is submitted by the learned counsel for the petitioner that the petitioner is not in a position to secure either blood related surety or a government servant surety. Hence, he sought for suitable modification of the above said condition. https://hcservices.ecourts.gov.in/hcservices/

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 C.M.P.No.475 of 2018 vide order dated 20.02.2018, is modified to the effect that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two local sureties like sum to the satisfaction of the learned Judicial Magistrate No.II, Ponneri. 5.Accordingly, this Criminal Original Petition is allowed. Sd/- Assistant Registrar(CS-IX) *Corrected as per order of this Court dated 12.10.2018 made herein Crl.OP.No.22235/18 dated:12/10/2018 //True copy// Sub Assistant Registrar vsg1/gmd To 1.The Judicial Magistrate II, Ponneri.(Tobe Substituted to the order already despatched 2.The Inspector of Police, on 10.10.2018 E-5, Sholavaram Police Station, Thiruvallur District.

3. The Superintend, Central Prison, Puzhal, Chennai. 4.The Public Prosecutor, Madras High Court.

+1cc to Mr.P.Chandrasekar, Advocate SR.No.64685 CRL. O.P.No.22235 of 2018 GMY(01/10/2018) gsp12/10/2018 https://hcservices.ecourts.gov.in/hcservices/