Nandhakumar v. The Deputy Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 15.05.2025

CORAM:

THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR Nandhakumar S/o. Perumal ... Petitioner/Accused Vs

1. The Deputy Commissioner of Police, O/o. The Deputy Commissioner of Police, Salem City Range, Salem City.

2. The Assistant Commissioner of Police, O/o The Assistant Commissioner of Police, Salem Circle, Steel Plant P.S.

[Cr. No.320 of 2024]

3. State rep. by:

The Inspector of Police, Steel Plant Police Station, Salem City.

4. Sathish Kumar S/o. Sanmugam ... Respondents PRAYER: - The Criminal Miscellaneous Petition is filed under Section 528 of B.N.S.S., praying to modify the condition imposed in Paragraph 10(i) in Crl. Appeal No.1588 of 2024 dated 20.12.2024. 1/4

For Petitioner : Ms. S. Sridevi For Respondent : Mr. V. Meganathan Government Advocate [Criminal side]

ORDER

This petition has been filed to modify the condition imposed on the petitioner/appellant in Paragraph 10(i) in Crl. Appeal No.1588 of 2024 dated 20.12.2024 that 'the appellant 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 Special District Judge, Special Court for Trial of Cases under SC / ST (POA) Act, Salem". 2.The learned counsel appearing for the petitioner would submit that the petitioner has got no sureties with property worth about Rs.10,000/- and hence he is unable to execute the sureties and just for that reason, he is still in prison and hence sought for modification of condition.

3. The learned Government Advocate (Crl.Side) submitted that the condition 'to execute a bond for a sum of Rs.10,000/- along with two 2/4

sureties for a like sum' is a normal condition and the petition seeking for modification is unreasonable.

4. The petitioner was arrested on 31.10.2024 and released on 20.12.2024. The petitioner, as an individual person, is unable to execute two sureties for a sum of Rs.10,000/- each. Hence the Lower Court is directed to accept the sureties, who have Aadhar card with correct address proof of residence and shall entertain the petitioner to execute sureties and not to insist for execution of sureties for a sum of Rs.10,000/- each.

5. Accordingly, the Criminal miscellaneous petition is ordered. 15.05.2025 mjs M.NIRMAL KUMAR, J.

mjs 3/4

To 1.The Public Prosecutor, High Court, Madras.

2. The Deputy Commissioner of Police, O/o. The Deputy Commissioner of Police, Salem City Range, Salem City.

3. The Assistant Commissioner of Police, O/o The Assistant Commissioner of Police, Salem Circle, Steel Plant P.S.

[Cr. No.320 of 2024]

4. The Inspector of Police, Steel Plant Police Station, Salem City.

5. The Special District Judge, Special Court for Trial of Cases under SC / ST (POA) Act, Salem.

15.05.2025 4/4