Sarathi v. State, Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.07.2019
CORAM
THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.Nos.19011, 19015, 19017 and 19020 of 2019 Sarathi ... Petitioner in Crl.O.P.No.19011/2019 Idhayavendhan ... Petitioner in Crl.O.P.No.19015/2019 Nedumaran ... Petitioner in Crl.O.P.No.19017/2019 Thilagavendhan ... Petitioner in Crl.O.P.No.19020/2019 Vs.
State, represented by, The Inspector of Police, Central Crime Branch, Chennai.
(Crime No.1 of 2019) ... Respondent in all the Crl.O.P.s Common Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to modify the condition imposed on the petitioners by the learned Judicial Magistrte Court, Alandur by an order dated 26.04.2019 made in Cr.M.P.Nos.2363, 2363, 2364 and 2366 of 2019 respectively petitioners shall execute a bond of a sum of Rs.5 lakhs with one surety.
(In all the Crl.O.P.s) For Petitioners : Mr.M.Vinoth For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor C O M M O N O R D E R These petitions have been filed seeking for the modification of the conditions imposed by the Court below while returning back the Passports to the petitioners. 2.The petitioners filed a petition before the Court below for return of the original Passports. These Passports were recovered from the petitioners' as a case property in Crime No.1 of 2019.
3.The case of the prosecution is that the petitioners were attempting to travel abroad for employment purposes on the strength of a certificate which was found to be fake. It is on admitted case that the Passports possessed by the petitioners are all original Passports.
4.The Court below has allowed these petitions by imposing certain conditions. One of the condition imposed by the Court below is that the petitioners should execute a https://hcservices.ecourts.gov.in/hcservices/
bond for a sum of Rs.5,00,000/- (Rupees Five Lakhs only) with one surety for a likesum. These conditions have been put to challenge in all these petitions.
5.The learned Counsel for the petitioners submitted that the Court below ought not to have imposed such a onerous conditions and the facts of the case did not warrant imposition of such a condition. The learned Counsel further submitted that the petitioners are willing to comply with all the other conditions imposed by the Court below. 6.Heard the learned Additional Public Prosecutor appearing on behalf of the respondent police. 7.Taking into consideration the facts and circumstances of the case, this Court is inclined to modify the first condition imposed by the Court below to the extent that each of the petitioners will execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with one surety for a likesum. The other conditions imposed by the Court below shall stand as it is.
8.All these Criminal Original Petitions are disposed of accordingly.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar jas/vs To
1. The Judicial Magistrate,Alandur.
2. Do thro the Chief Judicial Magistrate,Saidapet,chennai 3.The Inspector of Police, Central Crime Branch, Chennai.
4.The Public Prosecutor, High Court, Madras.
+4ccs to Mr.M.Vinoth , Advocate SR.No. 61377 to 61380 Crl.O.P.Nos.19011, 19015, 19017 and 19020 of 2019 A.SK(19/08/2019) A.SK(10/09/2019) https://hcservices.ecourts.gov.in/hcservices/