Biswanath Mandal v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.NO.14650 OF 2022

1. Biswanath Mandal

2. Bapi Mandal ... Petitioners/Accused 1 & 2 Vs.

The State of Tamil Nadu, Rep. By the Inspector of Police, Cyber Crime Police Station, Central Crime Branch, Vepery, Chennai-600 007.

... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to modify the condition imposed i.e., "that the petitioners shall execute a bond for a sum of Rs.50,000/- each and furnish two sureties for the said sum of Rs.50,000/- each and the two sureties to be in private employment and residing at Chennai" by the learned Chief Metropolitan Magistrate, Egmore, Chennai-8 by order dated 05.05.2022 in Crl.M.P.No.11001 of 2022 in C.C.No.9742 of 2021.

For Petitioners :

Mr.V.Premkumar For Respondent :

Mr.A.Damodaran, Additional Public Prosecutor

O R D E R

This petition is filed for modification to modify the condition imposed in Crl.M.P.No.11001 of 2022 dated 05.05.2022, on the file of the learned Chief Metropolitan Magistrate, Egmore.

2. The petitioners were granted bail in crime No.65 of 2021 registered for the offence under Sections 419, 420 IPC and under Section 66(C) and 66(D) of the Information Technology Act in Crl.M.P.No.11001 of 2022 order dated 05.05.2022 with the following conditions:

https://hcservices.ecourts.gov.in/hcservices/

"the petitioners shall execute a bond for a sum of Rs.50,000/- each and furnish two sureties for the said sum of Rs.50,000/- each and the two sureties to be in private employment and residing at Chennai".

3. The learned Counsel for the petitioners would submit that the petitioners was arrested and remanded to judicial custody on 24.10.2021 and they are under judicial custody for the past 8 months. The petitioners belong to other state therefore, they are unable to produce blood sureties, due to which, they are 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 petitioners shall execute a bond for a sum of Rs.50,000/- each and furnish two sureties for the said sum of Rs.50,000/- each and the two sureties shall be blood related sureties".

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

1. The Chief Metropolitan Magistrate, Egmore, Chennai-8.

2. The Inspector of Police, Cyber Crime Police Station, Central Crime Branch, Vepery, Chennai-600 007.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.V.Premkumar, Advocate, S.R.No.39682 CRL.O.P.No.14650 of 2022 AJS(CO) RLP(01/07/2022) https://hcservices.ecourts.gov.in/hcservices/