Venkatesh v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Venkatesh ... Petitioner Vs.

State rep by the Sub Inspector of Police, Rasipuram Police Station, Namakkal.

... Respondent Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the learned Judicial Magistrate, Rasipuram to accept the sureties of the petitioner to comply the order made in Crl.M.P.No.2028 of 2022 on the file of learned Judicial Magistrate, Rasipuram dated 31.05.2022. For Petitioner : Ms.S.Deepika For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the learned Judicial Magistrate, Rasipuram to accept the sureties of the petitioner to comply 1/4

the order made in Crl.M.P.No.2028 of 2022 on the file of learned Judicial Magistrate, Rasipuram dated 31.05.2022.

2. Learned counsel for the petitioner would submit that the petitioner was remanded in Judicial Custody for more than a year. Therefore, the petitioner had moved a bail petition in Crl.M.P.No.2028 of 2022 dated 31.05.2022 before the learned Judicial Magistrate, Rasipuram. She would further submit that the learned Judicial Magistrate had granted bail with a condition to provide sureties on own along with two other third party sureties each to furnish bail bond of Rs.10,000/-. Thereby, the petitioner's counsel had submitted all the necessary sureties before the Trial Court. However, the learned Magistrate had rejected and returned the same. Hence, he seeks to direct the learned Magistrate to accept the sureties.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent.

4. On perusal of the order of the learned Magistrate, it appears that there is no such condition whereas, the learned Magistrate has released the accused 2/4

on condition to execute a bond of Rs.10,000/- along with two sureties each for a like sum.

5. Such view of the matter, the learned Judicial Magistrate, Rasipuram is directed to decide the application filed by the petitioner for accepting sureties on his own merits.

6. With the above direction, this Criminal Original Petition is disposed of. 04.07.2022 Speaking Order/Non-speaking Order Index :Yes/No Internet:Yes/No shk/nr 3/4

N. SATHISH KUMAR,J.

Shk To 1.The learned Judicial Magistrate, Rasipuram 2.The Sub Inspector of Police, Rasipuram Police Station, Namakkal.

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

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