Madras High CourtCRL OP/20740/2016modified

A.Anbazhagan, M/A 36 Years v. The State Represented By

2016-09-19Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.OP.No.20740 OF 2016 A. Anbazhagan ... Petitioner/Petitioner Vs State Represented by The Inspector of Police, 15, Velampalayam Police Station, Tirupur District.

(Crime No.90 of 2016) ... Respondent/Respondent Prayer: Criminal Original Petition filed under Section 439(1)b of Code of Criminal Procedure, to modify the condition of the Principal District & Sessions Judge, Tirupur, order made in Crl.M.P.No.740 of 2016, dated 02.08.2016 "the petitioner shall executer a bond for a sum of Rs.10,000/- with two blood sureties and the petitioner shall execute a bond for a sum of Rs.10,000/- with two sureties to the satisfaction of Judicial Magistrate No.II, Tirupur".

For Petitioner : Mr.W.Camyles Gandhi For Respondent : Mr.C.Emalias Additional Public Prosecutor

O R D E R

This petition has been filed to praying to modify the condition imposed by the Principal District & Sessions Judge, Tirupur, imposed in Crl.M.P.No.740 of 2016, dated 02.08.2016.

2. Heard the learned counsel appearing for the petitioner learned Additional Public Prosecutor appearing for the respondent.

3. The petitioner is the sole accused for the offence under Section 302 IPC and charge sheet filed against him in S.C.No.100 of 2016, pending before the Additional District Judge-II, Tirupur. While so, the petitioner was granted bail by the Principal District and Sessions Judge, Tirupur in Crl.MP.No.740 of 2016 on 02.08.2016, on condition that he should execute a bond for a sum of Rs.10,000/- with four https://hcservices.ecourts.gov.in/hcservices/

sureties, each for a like sum, of which two sureties should be blood sureties and two sureties should be independent sureties to the satisfaction of the learned Judicial Magistrate No.I, Tiruppur.

4. Though the bail was granted as early as on 02.08.2016, the petitioner is not able to enjoy the fruits of the bail order and hence the petitioner is before this Court for modification of the bail condition.

5. Taking into consideration the facts and circumstances of the case, this Court modifies the order dated 02.08.2016 in Crl.MP.No.740 of 2016 to the effect that the petitioner shall furnish a bond for Rs.10,000/- with two sureties [both being blood relatives] to the satisfaction of the Additional District Judge-II, Tirupur, on whose file in S.C.No.100 of 2016 is pending. Rest of the conditions imposed by the Principal Sessions Court, Tirupur shall stand maintained. With the above modification, this petition is ordered. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To

1. The Principal District & Sessions Court, Tiruppur.

2. The Additional District Judge-II Tiruppur.

3. The Judicial Magistrate No.II, Tiruppur.

4. Do- Through The Chief Judicial Magistrate, Tiruppur.

5. The Inspector of Police, 15, Velampalayam Police Station, Tiruppur District.

6. The Public Prosecutor, High Court, Madras.

+1cc to Mr.W.Camyles Gandhi, Advocate, S.R.No.52881 Crl.OP.No.20740 of 2016 GJ(CO) CA(20/09/2016) https://hcservices.ecourts.gov.in/hcservices/