Madras High CourtCRL OP/11178/2023allowed

Johnson v. State Rep By

2023-05-11Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.05.2023

CORAM:

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P. No.11178 of 2023 Johnson ... Petitioner

Versus

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

Respondent PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to set aside the Order in Crl.M.P.No.2399 of 2023 passed by the learned Principal Special Judge for EC and NDPS Act dated 02.05.2023 and modify the condition to any normal surety instead of "two acceptable and reliable sureties or one Blood Related surety one shall be a Government Surety" as such imposed in the Crl.M.P.No.2302 of 2022. For Petitioner : Mr.K.A.M.Jagadish Kumar For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to set aside the Order in Crl.M.P.No.2399 of 2023 passed by the learned Principal Special Judge for EC and NDPS Act dated 02.05.2023 and modify the condition to any normal surety instead of "two acceptable and reliable sureties or one Blood Related surety one shall be a Government Surety" as such imposed in the Crl.M.P.No.2302 of 2022.

2. It is submitted by the learned counsel for the petitioner that since the petitioner was unable to offer either of blood surety or Government surety, he is languishing in jail for the period of nearly 1 year in spite of the Order releasing him on bail. Since the conditions imposed on the petitioner is almost the denial of bail to the petitioner. This Court is of the view that such modification deserved to be modified.

3.Thus, the above order is modified to the effect that the petitioner shall produce one relative instead of blood surety and another shall be any other local surety for a like sum to the satisfaction of XVI Metropolitan Magistrate George Town, Chennai.

4. Accordingly, this petition stands allowed. No costs. 11.05.2023 dhk To

1. The XVI Metropolitan Magistrate George Town, Chennai

2. The Inspector of Police NIB CID Police Station Chennai

3. The Public Prosecutor, High Court of Madras.

4. The Superintendent Central Prison, Puzhal II.

SUNDER MOHAN, J.

dhk Crl.O.P. No.11178 of 2023 11.05.2023 (1/2)