P.Subramaniam, v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.2.2015

CORAM:

THE HON'BLE MR.JUSTICE P.DEVADASS Crl.O.P. No.4244 of 2015 P.Subramaniam .. Petitioner Vs.

The Inspector of Police, Cheyur Police Station (In Crime No.277 of 2014) Tiruppur District .. Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., to modify the order passed in Crl.M.P.No.178 of 2015 dated 13.2.2015 by Principal Sessions Judge, Tiruppur by modifying executing personal own bond or family card by the petitioner to the satisfaction of the Judicial Magistrate, Avinashi instead of the petitioner will be released on bail on his executing a bond for Rs.10,000/- with two sureties for like sum each to the satisfaction of Judicial Magistrate, Avinashi with usual conditions and also to furnish title deeds and with a further condition that the petitioner should appear before respondent police, daily and sign once at 10.00 a.m. and sign once until further orders. It is also ordered that any violation to comply with the condition will result in automatic cancellation of bail in connection with crime No.277 of 2014 on the file of the respondent, Cheyur Police Station, Tiruppur, Tiruppur District.

For Petitioner : Mr.P.Kalimuthu For Respondent : Mr.M.Mohamed Riyaz Govt. Advocate (crl.side)

O R D E R

This is a petition to modify certain portions of the bail condition of the bail order passed by the learned Principal Sessions Judge, Tiruppur in Crl.M.P.No.178 of 2015.

2. In the order stated supra, the petitioner has been asked to produce original title deeds.

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3. Learned counsel for the petitioner states that the petitioner has no title deeds. So far as the petitioner is concerned, the condition to produce original title deeds causes him hardship and it is required to be modified.

4. Further, as per law, there is no automatic cancellation of bail. A bail should be cancelled only after hearing both sides by a specific express order by the Court in a manner known to law. In the circumstances, ordered as under:

In the bail order in Crl.M.P.No.178 of 22015 passed by the learned Principal Sessions Judge, Tiruppur , the condition to furnish title deeds and the condition "that any violation to comply with the condition will result in automatic cancelation of the bail" are deleted.

5. With the above modification, this Criminal Original Petition is disposed of.

msr -s/d- Assistant Registrar(CO) Dt:3/3/2015 True Copy Sub-Assistant Registrar To

1. The Principal Sessions Judge, Tirupur.

2. The Juidicial Magistrate, Avinashi.

3. -do- thro' Chief Judicial Magistrate, Tiruppur.

4. The Public Prosecutor, High Court, Madras.

5. The Inspector of Police, Cheyur Police Station, (Crime No.277/14) + 1 cc to Mr.P.Kalimuthu, Advocate Sr 9766 ku(co) prk3/3 Crl.O.P. No.4244 of 2015 https://hcservices.ecourts.gov.in/hcservices/