Ganesh v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.07.2019

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.19378 of 2019 1.Ganesh 2.Jaya Nirmal Kumar ... Petitioners Vs.

State by, Inspector of Police, AVS-II, Chindadripet, Chennai.

(Crime No.19 of 2019) ... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to modify the following conditions that are the petitioners shall execute a bond for a sum of Rs.10,000/- each with two sureties to the like sum each. One surety must be his blood relative or his wife. Which have been imposed on them by the Learned IV Metropolitan Magistrate, Saidapet, Chennai in C.M.P.No.158 of 2019 by order dated 16.07.2019.

For Petitioners : Mr.S.Sasikumar For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed seeking for modification of the condition imposed by the Court below while granting bail to the petitioners.

2.The petitioners were arrested and remanded to judicial custody on 02.07.2019 for an offence under Sections 3(2)a, 4(1) and 5(1)a of I.T.P Act.

3.The Court below while granting bail to the petitioners imposed certain conditions. The petitioners are aggrieved by conditions (i) wherein the Court below had directed that one of the surety must be a blood relative or the wife of the petitioners.

4.The learned Counsel for the petitioners submitted that the petitioners are unmarried and there is no blood https://hcservices.ecourts.gov.in/hcservices/

relative with whom the petitioners are in contact since they have come out of their native place even while they were young. Therefore the learned Counsel submitted that both the sureties can be regular sureties.

5.Heard the learned Additional Public Prosecutor appearing on behalf of the respondent police. 6.Taking into consideration the facts and circumstances of the case, the condition imposed by the Court below is modified to the extent that the petitioners will execute a bond for a sum of Rs.10,000/- with two sureties for a likesum.

7.This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar jas/vs To 1.The IV Metropolitan Magistrate, Saidapet, Chennai

2. The Inspector of Police, AVS-II, Chindadripet, Chennai.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Sasikumar , Advocate SR.No. 62738 Crl.O.P.No.19378 of 2019 A.SK(23/07/2019) https://hcservices.ecourts.gov.in/hcservices/