Madras High CourtCRL MP/4954/2017modified

Thiruvenkadam @ Thiru v. State Rep.By

2017-04-10Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Tenth day of April Two Thousand Seventeen PRESENT The Hon`ble Mr Justice K. KALYANASUNDARAM CRIMINAL MISCELLANEOUS PETITION No.4954 of 2017 IN CRL OP.3891/2016 THIRUVENKADAM @ THIRU [ PETITIONER ] Vs STATE REP.BY [ RESPONDENT ] INSPECTOR OF POLICE, C.B.C.I.D THIRUVALLOR, THIRUVALLUR DISTRICT.

CR.NO.1 OF 2015.

Petition praying that in the circumstances stated therein the High Court will be pleased to modify the condition imposed in para no.5 in Crl.O.P.No.3891 of 2016 on 01.03.2016. Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.S.M.THAMIZHLSELVAM, Advocate for the petitioner and of MR.R.RAJA RATHINAM STATE PUBLIC PROSECUTOR on behalf of the Respondents the court made the following order:- This application is filed seeking modification of the condition imposed in paragraph No.5 of the order dated 01.03.2016 passed in Crl.O.P.No.3891 of 2016.

2. The learned counsel for the petitioner would submit that while granting bail to the petitioner, this Court imposed the condition, directing the petitioner to execute a bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two sureties each for a likesum and one among them shall be a Government Servant. When the petitioner furnished sureties, the learned Judicial Magistrate No.I, Thiruvallur has not accepted the sureties, stating that the Government Servant should receive salary of Rs.2,00,000/- (Rupees Two lakhs only) per month. Hence, the petitioner would not be able to come out on bail, though he was granted bail on 01.03.2016.

3. Mr.R.Rajarathinam, learned Public Prosecutor would submit that as per the order of this court dated 01.03.2016, the petitioner has to furnish immovable property security for Rs.2,00,000/-(Rupees Two lakhs only) and out of two sureties, one shall be a Government Servant and the Government Servant need not receive the salary of Rs.2,00,000/- (Rupees Two Lakhs only) per month.

4. Considering the above submissions made by the learned counsel on either side, the learned Judicial Magistrate No.I, Thiruvallur is directed to accept two sureties having immovable property worth of Rs.2,00,000/-(Rupees Two lakhs only) and one among them shall be a Government Servant, receiving salary not less than Rs.2,00,000/- [Rupees Two Lakhs only] per annum.

5. Accordingly, this Criminal Miscellaneous Petition is ordered.

-sd/- 10/04/2017 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.I, THIRUVALLUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, C.B.C.I.D THIRUVALLOR, THIRUVALLUR DISTRICT.

5 THE JUDICIAL MAGISTRATE, NO.I, DINDIGUL.

6 THE OFFICER INCHARGE, DINDIGUL TOWN POLICE STATION, DINDIGUL.

C.C. to M/S.S.M.THAMIZHLSELVAM Advocate on payment of necessary charges Order in CRL MP.4954/2017 in CRL OP.3891/2016 Date :10/04/2017 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MK:13/04/2017