Manikandan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.06.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.14492 of 2019 Manikandan

...Petitioner/ Petitioner

-VsThe State represented by Inspector of Police, C1 Kattur Police station, Coimbatore District ... Respondent/ Respondent Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to modify the condition of the Hon'ble Addtional District Judge/ Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore, order made in C.M.P.No.570 of 2019 dated 29.05.2019 "the petitioner executing a bond for a sum of Rs.10,000/- with two sureties each for the like sum to the satisfaction of this Court and out of the two sureties, one surety must be close blood relative of the petitioner.

For Petitioner : Mr.W.Camyles Gandhi For respondent : Mr.M.Mohamed Riyaz Additional Public prosecutor

ORDER

This petition has been filed seeking for modification of the condition imposed by the Court below while allowing the bail petition filed by the petitioner.

2. The Court below while granting bail to the petitioner had imposed certain conditions and one such condition is that one of the the surety must be a close blood relative of a petitioner.

3.

The learned counsel appearing for the petitioner submitted that no close blood relative is willing to give surety to the petitioner and therefore, inspite of bail granted in favour of the petitioner on 29.05.2019, the petitioner is not in a position to execute the sureties and come out on bail. The learned counsel further submitted that the said condition can be substituted by directing two local sureties to execute a bond.

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4.

It is seen from records that a final report that has already been filed before the Court below and the same has been taken on file in C.C.No.31 of 2019. 5.

Taking into consideration the facts and circumstances of the case, this Court is inclined to modify the condition imposed by the Court below to the extent that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the Court below and both the sureties can be local sureties. The other conditions imposed by the Court below shall stand as it is.

6.

This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar rka To

1. The Additional District Judge/ Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore.

2. The Inspector of Police, C1 Kattur Police station, Coimbatore District

3. The Additional Public Prosecutor,High Court, Madras +1cc to Mr.W.Camyles Gandhi , Advocate SR.No. 46515 Crl.O.P.No.14492 of 2019 A.SK(10/06/2019) https://hcservices.ecourts.gov.in/hcservices/