Madras High CourtCRL MP/7981/2022ordered

Suresh Kumar v. The State Rep By

2022-06-30Honourable Mrs Justice T.V.Thamilselvi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Thirtieth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL MISCELLANEOUS PETITION No.7981 & 7982 of 2022 in Crl.M.P.Nos.3253 & 3254 of 2022 in Crl.O.P.No.869 of 2022 SURESH KUMAR [PETITIONER IN BOTH THE PETITIONS] Vs STATE REP BY [RESPONDENT IN BOTH THE PETITIONS] THE INSPECTOR OF POLICE, PALLIKONDA POLICE STATION, VELLORE DISTRICT.

CRIME NO.269/2021.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Modify the conditions imposed in Para 4 the Petitioner shall execute two sureties out of which, one must be his father in law and another be a local surety as imposed by this Hon`ble Court by an order made in Crl.M.P.No.3253 of 2022 in Crl.O.P.No.869 of 2022 dated 16.03.2022 and pass such other suitable orders as this Hon`ble Court may deem fit and proper in circumstances of the case.

(Crl.M.P.No.7981 of 2022 in Crl.O.P.No.869 of 2022) (i) To Extend The Time to surrender and execute sureties imposed by this Hon`ble Court by an order made in Crl.M.P.3254 OF 2022 in Crl.O.P.No.869 of 2022 dated 16.03.2022 and pass such other suitable orders as this Hon`ble Court may deem fit and proper in circumstances of the case. (Crl.M.P.No.7982 of 2022 in Crl.O.P.No.869 of 2022) Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.M.R.THANGAVEL, Advocate for the petitioner, [IN BOTH THE PETITIONS] and of MR.R.KISHORE KUMAR, Govt. Advocate ( Crl. Side) on behalf of the Respondent, [IN BOTH THE PETITIONS] the court made the following order:-

These petitions have been filed to modify the condition imposed by this Court in Crl.M.P.No. 3253 of 2022 in para 4 that the petitioner shall execute two sureties, out of which, one must be his father-in-law and another be a local surety and to extend the time to surrender and execute sureties imposed by this Court in Crl.M.P. No. 3254 of 2022 in Crl.O.P. No. 869 of 2022 dated 16.03.2022.

2. The learned counsel for the petitioner submitted that this Court granted bail to the petitioner in Crl.O.P.No.869 of 2022 dated 12.01.2022 with certain conditions and subsequently, this court by an order dated 16.03.2022 in Crl.M.P. Nos. 3253 and 3254 of 2022 had modified the blood sureties condition as father-in-law and has extended the time for further period of two seeks. He would submit that when the petitioner has appeared with his mother-in-law to execute sureties, the same was not accepted by learned Judicial Magistrate-5, Vellore, since this court had modified the condition as father-in-law. However, the petitioner's father-in-law died. Hence, he was not able to execute sureties. Now, he has filed the present petitions seeking to modify the condition and to extend the time for complying the condition.

3. Heard both sides.

4. Considering the above submissions, the condition to execute two sureties is modified and the petitioner shall execute two sureties out of which, one must be a mother-in-law instead of fatherin-law and another be a local surety, and two weeks time is granted to the petitioner to execute the sureties from the date on which the order copy made ready. Failing which, the petition for bail shall stand automatically dismissed.

5. With the above direction, these Criminal Miscellaneous Petitions are ordered.

-sd/- 30/06/2022 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, NO.V, VELLORE.

2 THE CHIEF JUDICIAL MAGISTRATE VELLORE. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, PALLIKONDA POLICE STATION, VELLORE DISTRICT.

+2 C.C. to M/S.M.R.THANGAVEL Advocate on payment of necessary charges SR.NO.10442, 10443, Order in CRL MP.7981 & 7982/2022 in Crl.M.P.Nos.3253 & 3254/2022 in Crl.O.P.No.869 of 2022 Date :30/06/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-06/07/2022