Vijayan 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.4507 of 2015 Vijayan .. Petitioner Vs.

State by, the Inspector of Police, All Women Police Station, kangayam, Crime No.20 of 2008 .. Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., to modify the condition imposed in bail petition in Crl.M.P.No.876 of 2014 dated 29.5.2014 by the learned Sessions Judge (Vacation Court), Thiruppur.

For Petitioner : Mr.S.Silambu Selvan 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 Sessions Judge, Vacation Court, Tiruppur in Crl.M.P.No.876 of 2014.

2. Heard both sides.

3. In the order stated supra, the petitioner has been asked to furnish two sureties, one of such surety should be a blood relative of the petitioner and both sureties should produce solvency certificates issued by concerned Tahsildar and also to furnish original title deeds.

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

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

Ordered as under:- All the conditions are rearranged as under:

i) Bail granted;

ii) Two sureties, who shall execute a bond for Rs.5000/- (Rupees five thousand only) each and also by the petitioner for a like sum to the satisfaction of the learned Judicial Magistrate, Kangeyam.

iii) Petitioner shall appear before the respondent police as and when required for interrogation.

iv) All the other conditions imposed in the order passed Cr.M.P.No.876 of 2014 are deleted.

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

-s/dAssistant Registrar True Copy Sub-Assistant Registrar To

1. The Judicial Magistrate, Kangeyam.

2. The Public Prosecutor, High Court, Chennai.

3. The Inspector of Police, All woman Police station, Kangayam Crime No.20 of 2008 4.The sessions Judge, Vacation Court,Tiruppur +1 cc to Mr.S.Silambu Selvan Advocate sr.3109 Crl.O.P. No.4507 of 2015 aa27/02/2015 https://hcservices.ecourts.gov.in/hcservices/