B.Shabu v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.08.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.14279 of 2021 B.Shabu, S/o.Babu ... Petitioner Vs.

The State Rep.by Inspector of Police, Pollachi East Police Station, Coimbatore.

(Cr.No.63 of 2021) ... Respondent PRAYER: Criminal Original petition has been filed under Section 439(1)(b) of Cr.P.C prayed to modify the conditions:

(1) The petitioner/accused should produce the nativity certificate and permanent residential proof with two sureties for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, and one of them should be a blood relative and the sureties should produce a solvency certificate for the surety amount without fail on online and should produce them in person after lockdown is unlocked:

imposed in Crl.MP.No.325 of 2021 on the file of the learned Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore.

For Petitioner : Mr.Mohamed Riyaz For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side)

ORDER

(The case has been heard through video conference) The present petition has been filed to modify the condition in Paragraph No.5 [1] dated 01.06.2021 in CMP.No.325 of 2021 passed by the Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore in respect of production of the nativity certificate and permanent residential proof with two sureties for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, and one of them should be a blood relative and the sureties should produce a solvency certificate for the surety amount.

2. The learned counsel for the petitioner has submitted that the condition imposed by the Court below while granting bail to the petitioner imposed the aforesaid condition. He further submits that the said condition needs to be modified to the effect that the petitioner shall produce two local sureties with solvency certificate.

3. Learned Government Advocate (Crl.Side) submits that he has no objection for granting the said modification.

4. In view of the above, the condition is modified to the effect that the the petitioner shall produce two local sureties with solvency certificate. Apart from the aforesaid modification, the order passed by the court below in CMP.No.325 of 2021 in Crime No.63 of 2021 shall stand unaltered in all other aspects.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar Vv Note: Issue Order Copy on 23.08.2021 To:

1. The Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore.

2. The Inspector of Police, Pollachi East Police Station, Coimbatore.

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

Copy to:

The Assistant Registrar, Juvenile Justice Act Section, High Court, Madras-104.

Crl.O.P.No.14279 of 2021 RGN(CO) CB(24/08/2021)