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Madras High CourtCRL OP/17353/2021modified

Prakash @ Rowdy Prakash v. Inspector Of Police

2021-09-20Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.09.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.17353 of 2021 Prakash @ Rowdy Prakash

...Petitioner/2nd Accused

Vs.

The State represented by its The Inspector of Police, D.5, Marina Police Station, Chennai - 600 004.

(Crime No.269 of 2010)

...Respondent/Complainant

Prayer: Criminal Original Petition has been filed under Section 439 of Cr.P.C, to modify the condition imposed in Crl.M.P.No.9175 of 2021 dated 29.04.2021 on the file of the bail satisfaction of The learned II Metropolitan Magistrate, Chennai by enlarging this petitioner on bail on executing a bond for Rs.10,000/- with two sureties "instead of the petitioner" both of them must be the blood relatives.

For Petitioner : Mr.C.D.Vivekanandan 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 for modification of the bail condition imposed in Crl.M.P.No.9175 of 2021 dated 29.04.2021 on the file of the The learned II Metropolitan Magistrate,Chennai.

2.The learned counsel for the petitioner would submit that the lower Court, while granting bail to the petitioner, imposed the condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties(both of them must be the blood relatives of the petitioner) each for a like sum. Now, it is submitted by the learned counsel for the petitioner that the petitioner is not in a position to secure the blood relatives as surety. Hence, he sought for suitable modification of the above said condition.

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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.9175 of 2021 vide order dated 29.04.2021, is modified to the effect that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with one blood sureties and one local sureties to the like sum each.

5. Accordingly, this Criminal Original Petition is allowed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Sma To

1. The learned II Metropolitan Magistrate, Chennai.

2. The Chief Metropolitan Magistrate, Egmore, Chennai.

3. The Principal Sessions Judge, Chennai.

4. The XXII Sessions Judge, Chennai.

5. The Inspector of Police, D.5, Marina Police Station, Chennai.

6. The Superintendent, Central Prison, Puzhal, Chennai.

7. The Public Prosecutor, Madras High Court.

Crl.O.P.No.17353 of 2021 AK-II[co] NSK 07/10/2021 https://hcservices.ecourts.gov.in/hcservices/