Sampraz v. The State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P. No. 14411 of 2022 Saampraz ... Petitioner Vs.

The State rep. by The Inspector of Police, NIB,CID, Chennai.

(Crime No.04 of 2022) ... Respondent Prayer: Criminal Original Petition filed under Section 439(1)(b) Cr.P.C. to modify the condition imposed in '' That he shall execute a bond for Rs.10,000/- with two acceptable and reliable sureties or one Blood related surety one shall be a Government surety for a like sum to the satisfaction of V Metropolitan Magistrate, Egmore, Chennai'' in the Principal Special Court under EC & NDPS Act, Chennai.

For Petitioner : Mr.S.Palanivel For Respondent : Mr.V.J.Priyadarsana Additional Public Prosecutor

O R D E R

This petition is filed for modification to modify the condition imposed in Crl.M.P.No.2305 of 2022 dated 09.05.2022, on the file of the learned Principal Special Court under EC & NDPS Act, Chennai.

2. The petitioner was granted bail in crime No.04 of 2022 registered for the offence under Section 8( c) r/w 20(b)(ii)(B), NDPS Act 1985 in Crl.M.P.No.2305 of 2022 order dated 19.05.2022 with the following conditions:

"The petitioner shall execute a bond of Rs.10,000/- with acceptable and reliable sureties or one blood related surety one shall be a Government Surety for a like sum to the satisfaction of the V Metropolitan Magistrate, Egmore Chennai".

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3. The learned Counsel for the petitioner would submit that the petitioner was arrested and remanded to judicial custody on 24.01.2022 and he is under judicial custody for more than 5 months. The petitioner is belongs to other state therefore he is unable to produce blood surety or Government Surety, due to which, he is unable to come out from the prison. Hence, he prays to modify the condition.

4. Considering the facts and circumstances of the case, this Court is inclined to modify the conditions imposed by the Court below. The modified conditions are read as follows; "The petitioner shall execute a bond of Rs.10,000/- with one blood Surety and one ordinary surety holding permanent address in Chennai and with immovable properties in Chennai for a like sum to the satisfaction of the V Metropolitan Magistrate, Egmore, Chennai".

5. This Criminal Original Petition is ordered accordingly.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar pbl To

1. The Principal Special Court, EC and NDPS , Chennai,

2. The Inspector of Police, NIB,CID, Chennai.

3. The Public Prosecutor, High Court, Madras.

4. The V Metropolitan Magistrate Court, Egmore, Chennai.

CRL.O.P. No.14411 of 2022 GSM(CO) UMA(07/07/2022) https://hcservices.ecourts.gov.in/hcservices/