Praveena v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.07.2023CORAM THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.14590 of 2023 Praveena Petitioner vs.

The State represented by The Inspector of Police, Palladam Police Station, Tiruppur.

Crime No.1102 of 2022.

Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to setaside the docket order in memo Sr.4177/2023 dated 19.06.2023 on the file of the learned Judicial Magistrate, Palladam.

For Petitioner : Mr.A.M.Amutha Ganesh For Respondent : Mr.A.Damodaran Additional Public Prosecutor

ORDER

This petition has been filed challenging the docket order passed by the learned Judicial Magistrate, Palladam, refusing to accept the surieties.

2.

The petitioner was enlarged on statutory bail under Section 167(2) of Cr.PC by the learned Judicial Magistrate, Palladam by an order dated 06.06.2023 made in Crl MP No.186 of 2023. The Court below imposed a condition for execution of a bond for a sum of Rs.10,000/- and two sureties for a like sum. That apart, the petitioner was also directed to appear before the respondent police daily at 10.00 a.m. for 30 days and thereafter, as and when required. 3.

The grievance of the petitioner is that the bond was executed and the sureties were also produced and inspite of the same, the Court below rejected without assigning any reasons. Hence, inspite of the statutory bail granted in favour of the petitioner, the petitioner is not in a position to come out on bail. It is under these

circumstances, the present Criminal original petition has been filed before this Court.

4.

The learned Additional Public Prosecutor on instructions submitted that the mother of the petitioner had appeared before the learned Magistrate and had stated that there are several cases against the petitioner and that there is a life threat if the petitioner is released on bail.

5.

In the considered view of this Court, once an accused person has been released on statutory bail, such a right cannot be defeated under any circumstances. The petitioner is willing to execute the bond and to furnish the sureties as directed by the Court below. Hence, it has to be accepted by the Court and the petitioner has to be enlarged on bail and the petitioner must comply with the conditions imposed by the Court below. The Court below shall keep this in mind and entertain the bond and the sureties produced by the petitioner. 6.

This Criminal original petition is disposed of with the above

directions.

07.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order rka Note : Issue order copy on 10.07.2023 To

1. The Inspector of Police, Palladam Police Station, Tiruppur.

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

N. ANAND VENKATESH, . J.

rka Crl.OP No.14590 of 2023 07.07.2023