Muthu v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Muthu ... Petitioner Vs.

The State Rep.by The Inspector of Police, Thudiyalur Police Station, Coimbatore City.

Crime No.135 of 2024 ... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to set aside and modify the condition 5(1) in the order passed in C.M.P.No.1823/2024 passed by the Additional District Sessions Court to deal with Essential Commodities Act Cases of Coimbatore dated 10.06.2024 that the petitioner on his executing a bond for a sum of Rs.25,000/- with two sureties each and direct the Additional District Sessions Court to deal with Essential Commodities Act Cases of Coimbatore to accept normal surety for petitioner. For Petitioner : Mr.M.Saravanakumar For Respondent : Mr.S.Udayakumar Government Advocate (Crl.Side) 1/4

O R D E R

The petitioner herein is the accused for offence under Sections 8(c), 20(b)(ii)(c) and 25 of NDPS Act. Due to default of prosecution in not filing the final report within the time stipulated, bail has been granted to the petitioner under Section 167(2) Cr.P.C., on condition that he should execute a bond for a sum of Rs.25,000/- with two sureties each for a like sum. This condition is challenged as onerous condition by the accused.

2.

The learned counsel appearing for the petitioner submits that the petitioner is ready to deposit Rs.25,000/-, but unable to arrange for two sureties.

3.

This Court finds that in the case of this nature, accepting deposit of money in lieu of sureties is not appropriate to secure the presence of the accused for future trial. Hence this Criminal Original Petition is dismissed.

15.07.2024 Index : Yes/No 2/4

rpl To 1.The Additional District Sessions Court to deal with Essential Commodities Act Cases, Coimbatore 2.The Inspector of Police, Thudiyalur Police Station, Coimbatore City.

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

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Dr.G.JAYACHANDRAN,J.

rpl 15.07.2024 4/4