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Madras High CourtCRL MP/11074/2021modified

Sakthivel v. State Rep.By

2021-11-19Honourable Mr Justice P. N. Prakash,Honourable Mrs Justice R. Hemalatha3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Nineteenth day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice P. N. PRAKASH and The Hon`ble Mrs Justice R. HEMALATHA CRIMINAL MISCELLANEOUS PETITION No.11074 of 2021 IN CRL.A.No.101 of 2021 SAKTHIVEL [ PETITIONER / APPELLANT / ACCUSED ] Vs STATE REP.BY [ RESPONDENT / COMPLAINANT ] THE INSPECTOR OF POLICE, THONDAMUTHUR POLICE STATION, COIMBATORE.

CRIME NO.138 OF 2017.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to modify the condition imposed in para 10(i) of the bail order that is the petitioner shall execute a bond for a sum of Rs.25,000 with two sureties of whom one should be a blood relative, each for a likesum to the satisfaction learned III Additional District and Sessions Judge Coimbatore into submit two general sureties for Rs.25,000 passed in Crl.M.P.No.2464 of 2021 in Crl.A.No.101/2021 on the file of this Hon'ble Court vide order dated 23.06.2021.

Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.A.ABDUL LATHIF, Advocate for the Petitioner and of M/S.R.MUNIYAPPARAJ, ADDITIONAL PUBLIC PROSECUTOR on behalf of the Respondent the court made the following order:-

(Made by P.N.PRAKASH,J.) This petition has been filed to modify the bail condition imposed by this Court vide order dated 23.06.2021 passed in Crl.M.P.No.2464 of 2021 in Crl.A.No.101 of 2021.

2.

This Court, by order dated 23.06.2021 in Crl.M.P.No.2464 of 2021 in Crl.A.No.101 of 2021, granted suspension of sentence and bail to the petitioner on certain conditions, one of which is that, "10.(i) The petitioner shall execute a bond for a sum of Rs.25,000/- with two sureties, of whom, one should be a blood relative, each for a like sum to the satisfaction of the learned III Additional District and Sessions Judge, Coimbatore"

3.

The learned counsel for the petitioner submitted that no blood relative of the petitioner is willing to come forward to stand as surety.

4.

The fact remains that the petitioner was granted suspension of sentence and bail on 23.06.2021 and till date, he has not been able to avail the benefits of the order.

5.

In such view of the matter, this criminal miscellaneous petition stands allowed and the aforesaid condition is modified as follows:

"10.(i) The petitioner shall execute a bond for a sum of Rs.10,000/- with two solvent sureties, each for a like sum to the satisfaction of the learned III Additional District and Sessions Judge, Coimbatore"

The rest of the conditions imposed by this Court in order dated 23.06.2021 passed in Crl.M.P.No.2464 of 2021 in Crl.A.No.101 of 2021 shall remain the same.

-sd/- 19/11/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, COIMBATORE.

2 THE INSPECTOR OF POLICE, THONDAMUTHUR POLICE STATION, COIMBATORE.

3 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

C.C. to M/S.A.ABDUL LATHIF Advocate on payment of necessary charges Order in CRL MP.11074/2021 in CRL A.101/2021 Date :19/11/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format JPA 22/11/2021