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Madras High CourtCRL OP/18508/2016ordered

S.Jayakumar, 48 Years v. State Represented By

2016-08-18Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.08.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.OP.No.18508 of 2016 S.Jayakumar ... Petitioner Vs State rep.by The Inspector of Police, All Women Police Station, Thudiyalur, Coimbatore District.

... Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to modify the condition imposed in the sureties in CrlMP No.1624 of 2016 in Crime No.not known of 2016 ordered on 29.07.2016 on the file of the learned Principal District & Sessions Judge, Coimbatore, Para (ii)to be enlarge on bail on him executing a bond for Rs.10,000/- with two sureties and (iii)the petitioner is directed to appear before the respondent police daily at 10.00AM for a period of 30 days and enable the petitioner to be enlarged on bail by allowing this petition.

For Petitioner : Mr.J.Stalin For Respondent : Mr.C.Emalias, APP

O R D E R

This petition has been filed to modify the conditional order dated 29.07.2016 in Crl.M.P.No.1624 of 2016 passed by the learned Principal District and Sessions Judge, Coimbatore.

2. Heard the learned counsel for the petitioner; learned Additional Public Prosecutor appearing for the respondent and perused the materials placed on record.

3. It is seen that this petitioner was granted anticipatory bail by the learned Principal District and Sessions Judge, Coimbatore in Crl.M.P.No.1624 of 2016 on 29.07.2016 on certain conditions, one of which is the following:

"[ii] On such arrest or surrender, the https://hcservices.ecourts.gov.in/hcservices/

petitioner is ordered to be enlarged on bail on him executing a bond for Rs.10,000/- with two sureties for a like sum each to the satisfaction of the Judicial Magistrate, Additional Mahila Court, Coimbatore."

4. It is contended by the petitioner that he is a daily wager coolie and that he is not able to furnish a bond for Rs.10,000/- with two sureties. Apart from that, learned counsel for the petitioner submitted that the dispute is a matrimonial dispute.

5. Considering the nature of the dispute and the economic status of the petitioner, the condition is modified to the effect that, "on such arrest or surrender, the petitioner is ordered to be enlarged on bail on him executing a bond for Rs.5,000/- with two sureties for a like sum each to the satisfaction of the Judicial Magistrate, Additional Mahila Court, Coimbatore."

This petition for modification is ordered accordingly. Rest of the conditions imposed by the Sessions Judge shall remain the same. Two weeks time is extended from the date of receipt of a copy of this order for furnishing sureties. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar gya To 1.The Principal District & Sessions Judge, Coimbatore.

2.The Inspector of Police, All Women Police Station, Thudiyalur, Coimbatore District.

3.The Public Prosecutor, High Court, Madras.

4. The Judicial Magistrate, Additional Mahila Court, Coimbatore.

5. Do Thro. The Chief Judicial Magistrate, Coimbatore. 1 cc to Mr.J.Stalin, Advocate, sr.47293 CRL.OP.No.18508 of 2016 rk co kra 31.08.2016 https://hcservices.ecourts.gov.in/hcservices/