Imayan @ Kanniyakumar, v. The Station House Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.05.2018

CORAM

The Hon'ble Mrs. Justice R.HEMALATHA Crl.O.P.No.13629 of 2018

1. Imayan @ Kanniyakumari

2. Oviyar Balu @ Balu

3. Mugalan@ Murugan

4. Kalaivanan

5. Prabudass

6. Dhelipan @ Chandramohan

7. Elancheran@ Nanaguru

8. Erama Ezhilan @ Ramu

...Petitioners

vs.

The Station House Officer, Tindivanam Police Station, Villupuram District Crime No.291 of 2018

...Respondent

Criminal Original Petition filed under Section 482 of the Criminal Procedure Code praying to modify the condition in Crl.M.P.No.2891 of 2018 dated 04.05.2018 on the file of Vacation Sessions Judge, Villupuram Sessions Division, Villupuram. For Petitioner : Mr.G.Mayakrishnan For Respondent : Mr.R.Suryaprakash Government Advocate (Crl.Side)

O R D E R

This Petition has been filed for modification of the condition imposed by the learned Vacation Sessions Judge, Villupuram Sessions Division, Villupuram in Crl.M.P.No.2891 of 2018 dated 04.05.2018.

2.Heard and perused the records.

3.The Vacation Sessions Court, Villupuram, Sessions Division while granting anticipatory bail to the petitioner had imposed the following conditions:

"the petitioners are ordered to be released on bail in the event of arrest or surrender before the concerned Judicial Magistrate on or before 14.05.2018 on their depositing a sum of Rs.3,000/- each as cash security before the lower Court as well as on their executing a bond for Rs.10,000/- each with two sureties for a like sum each (one of the surety must be a Government surety and one of the surety must be a blood relation) to the satisfaction of Judicial Magistrate No.1, Tindivanam and on condition that the petitioners shall appear https://hcservices.ecourts.gov.in/hcservices/

before the respondent police daily at 10 a.m. until further orders and further that the petitioners shall appear before the Investigating Officer for interrogation whenever required and not to tamper with the witnesses either directly or indirectly in the meanwhile."

4.The learned counsel appearing for the petitioner contended that it is highly impossible for the petitioner to secure a Government servant as one of the sureties and this condition should be modified.

5.A perusal of the order passed by the learned Sessions Judge shows that she has insisted for production of one surety who should be a blood relation of the petitioner. 6.In the said circumstances, the condition that another surety must be a Government servant is modified and the petitioner is directed to produce both the sureties who are his blood relatives. The other conditions will remain unaltered. Sd/- Vacation Officer/Assist Registrar //True Copy// Sub Assistant Registrar srn/uma To 1.The Vacation Sessions Judge, Villupuram Sessions Division Villupuram 2.The Judicial Magistrate No.1 Tindivanam 3.The Station House Officer, Tindivanam Police Station, Villupuram District 4.The Public Prosecutor High Court, Madras +1 cc to Mr.G.Mayakrishnan Advocate sr9411 CRL.O.P.No.13629 of 2018 aa24/05/2018 https://hcservices.ecourts.gov.in/hcservices/