S.Sinraj v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.16629 of 2021 S. Sinraj ... Petitioner Vs.

The State represented by its The Inspector of Police, Attayampatty Police Station, Salem District.

(CrimeNo.95 of 2021) ... Respondent Prayer: Criminal Original Petition has been filed under Section 439 of Cr.P.C, to modify the condition imposed in Crl.M.P.No.219 of 2021 dated 13.05.2021 on the file of the Hon'ble Special Court for Exclusive Trail of Cases Under POCSO Act, Salem that "the petitioner/accused is released on bail on executing a bond for Rs.50,000/- with two sureties for like sum each and one among be a close blood relative surety".

For Petitioner : Mr.N.Anand For Mr.C.Prabakaran For Respondent : Mr.A.Gopinath, Government Advocate (Crl.Side)

O R D E R

(The case has been heard through video conference) This Criminal Original Petition has been filed seeking to modify the condition imposed in Crl.M.P.No. 219 of 2021 dated 13.05.2021 on the file of the Hon'ble Special Court for Exclusive Trail of Cases Under POCSO Act, Salem that "the petitioner/accused is released on bail on executing a bond for Rs.50,000/- with two sureties for like sum each and one among be a close blood relative".

2. The learned counsel for the petitioner would submit that the lower Court, while granting bail to the petitioner, imposed a condition that the petitioner shall execute a bond for a sum of Rs.50,000/- with two sureties for like sum each and one among be a close blood relative. Now, it is submitted by the learned https://hcservices.ecourts.gov.in/hcservices/

counsel for the petitioner that the learned judge is insisting solvency certificate for the said amount with the property value, but they are not having any property/solvency for the bond of Rs.50,000/- standing in their name. Hence, he sought for suitable modification of the above said condition.

3. Heard both sides.

4. Considering the submission made by the learned counsel for the petitioner, the condition imposed on the petitioner by the Court below in Crl.M.P.No.219 of 2021 dated 13.05.2021 is modified to the effect that the petitioner shall execute a bond for a sum of Rs.50,000/- with two sureties, each for like sum, one shall be a local surety without insisting on property/solvency certificate. The other conditions imposed by the Court below shall remain intact.

5.Accordingly, this Criminal Original Petition is allowed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar anu To 1.The Special Court of Exclusive Trial of Cases Under POCSO Act, Salem

2. The Inspector of Police, Attayampatty Police Station, Salem District.

3. The Superintendent, Central Prison, Salem.

4. The Public Prosecutor, Madras High Court.

+1 cc to Mr.C.Prabakaran, Advocate Sr.NO. 48453 Crl.O.P.No.16629 of 2021 GPL(CO) A.SK(20.10.2021) https://hcservices.ecourts.gov.in/hcservices/