Thirumaran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.14214 of 2022 Thirumaran

...Petitioner/Accused

Vs.

State Rep by The Inspector of Police, T-6, Avadi Police Station, Chennai.

(Crime No.55 of 2022)

...Respondent/Complainant

Prayer :- Criminal Original Petition filed under Section 439(1) (b) Cr.P.C. praying to set aside the order dated 08.06.2022 in Crl.M.P.No.2482 of 2022 on the file of the Principal Special Court under EC and NDPS Court at Chennai.

For Petitioner :

Mr.K.Thenrajan For Respondent :

Mr.V.J.Priyadarsana Government Advocate (Criminal Side)

O R D E R

This petition has been filed to set aside the order dated 08.06.2022 in Crl.M.P.No.2482 of 2022 on the file of the Principal Special Court under EC and NDPS Court at Chennai.

2. The petitioner was granted bail in Crime No. 55 of 2022 for the offence punishable under Section 8(c), 20(b)(ii)(B) of NDPS Act 1985 in Crl.M.P.No.1096 of 2022 order dated 24.03.2022, with the following conditions:

"The petitioner shall execute a bond for Rs.20,000/- with two acceptable and reliable sureties for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Poonamallee and on condition that both sureties must be permanent residence of Chennai and having immovable property standing in their own name supported with title documents and property receipt, out of whom one must be blood related".

3. The learned counsel for the petitioner would submit that the petitioner was arrested and remanded to judicial custody on https://hcservices.ecourts.gov.in/hcservices/

21.01.2022. He further submitted that the petitioner's family was not able to arrange the surety as ordered by the Court below, because they have no title documents or property receipts in their name. More over, the petitioner's wife is working as daily worker and she was not able to execute the surety till date. Therefore, he sought for modification of the conditions imposed by the Principal Special Judge, Special Court under EC & NDPS Act, Chenani.

4.Considering the facts and circumstances of the case and also the submission made by the learned counsel for the petitioner, this Court is inclined to modify the conditions imposed by the Court below. Accordingly, the bail granted by the Court below shall stand modified as follows : "The petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Poonamallee."

5. This Criminal Original Petition is ordered accordingly. Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar Lpp To

1. The Principal Special Judge, The Principal Special Court under EC & NDPS Act, Chennai.

2. The Judicial Magistrate No.II Poonamallee.

3. The Inspector of Police, T-6, Avadi Police Station, Chennai.

4. The Public Prosecutor, High Court of Madras, Chennai.

+1cc to Mr.K.Thenrajan, Advocate, S.R.No.9681 CRL.O.P.No. 14214 of 2022 NRJK(CO) RGA(27/06/2022) https://hcservices.ecourts.gov.in/hcservices/