Madras High CourtCRL OP/13658/2021modified

Rishwan v. The Inspector Of Police

2021-08-06Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.08.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.13658 of 2021 Rishwan, S/o.Musthappa ... Petitioner Vs.

Inspector of Police, All Women Police Station, R.S.Puram (West) Coimbatore Crime No.1 of 2021 ... Respondent PRAYER: Criminal Original petition has been filed under Section 439(1)(b) of Cr.P.C prayed to modify the condition No.1, that the petitioner/accused should produce the nativity certificate and permanent residential proof with two sureties for a sum of Rs.10,000/- each and one them should be a blood relative and the sureties should produce a solvency certificate for the surety amount without fail, imposed in the order dated 26.04.2021 passed in Crl.MP.No.237 of 2021 in Crime No.1 of 2021 by the Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore.

For Petitioner : Mr.C.D.Sugumar For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side)

ORDER

(The case has been heard through video conference) This Criminal Original Petition has been filed by the petitioner/accused to modify the condition imposed in Crl.M.P.No.237 of 2021 dated 26.04.2021 on the file of the Special Court for Exclusive Trail of Cases Under POCSO Act,

Coimbatore that '' the petitioner/accused should produce the nativity certificate and permanent residential proof with two sureties for a sum of Rs.10,000/- each, and one of them should be a blood relative and the sureties should produce a solvency certificate for the surety amount without fail.

2. The learned counsel for the petitioner submits that the lower Court, while granting bail to the petitioner, imposed a condition that the petitioner shall execute a bond for a sum of Rs.10,000/- each with two sureties for like sum each and one among them should be a blood relative and the sureties should produce a solvency certificate for the surety amount without fail. Hence, he sought for suitable modification of the above said condition with regard to solvency of the blood related sureties.

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 Crl.M.P.No.237 of 2021 dated 26.04.2021 is modified to the effect that the petitioner shall execute a bond for a sum of Rs.10,000/- with two sureties, each for like sum, of which one shall be a blood surety and another shall be a solvent surety who shall produce solvency certificate. The other conditions imposed by the Court below shall remains intact.

Sd/- Assistant Registrar(CS-VI) // True Copy// Sub Assistant Registrar Vv To:

1. The Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore.

2. The All Women Police Station, R.S.Puram (West) Coimbatore.

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

4. The Chairman, Hon'ble POCSO Committee, High Court, Madras.

Crl.O.P.No.13658 of 2021 PCH(CO) SU(01/09/2021)