Biswajith Das v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.08.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN CRL.O.P. No.16621 of 2023 Biswajith Das .. Petitioner Vs.

The State Rep. by The Inspector of Police, R-5, Virugambakkam Police Station.

... Respondent Prayer: Criminal Original Petition filed under Section 439(1)(b) Cr.P.C. to modify the condition imposed by the Principal Special Court EC & NDPS Act, in Crl.M.P.No.3191 of 2023 the condition that he shall execute a bond for Rs.10,000/- with two acceptable and reliable sureties for a like sum. One among sureties shall be a Government servant to the satisfaction of the Learned XXIII Metropolitan Magistrate Saidapet.

For Petitioner : Mr.S.Palanivel For Respondent: Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.side)

O R D E R

This petition has been filed for modification of the condition imposed by the Principal Special Court under EC & NDPS Act Chennai, in Crl.M.P.No.3191 of 2023 dated 19.06.2023, to execute a bond for Rs.10,000/- 1/4

along with two acceptable and reliable sureties like sum. One among sureties shall be a Government servant to the satisfaction of the Learned XXIII Metropolitan Magistrate Saidapet.

2. Learned counsel for the petitioner submitted that petitioner was granted bail in Crl.M.P.No.3191 of 2023 by the Principal Special Court under EC & NDPS Act Chennai. While granting bail, one of the conditions imposed was that "petitioner shall execute a bond for Rs.10,000/- along with two acceptable and reliable sureties for the like sum. One among sureties shall be a Government servant to the satisfaction of the learned XXIII Metropolitan Magistrate Saidapet". Petitioner finds it difficult to secure a Government Servant to stand as a surety for the petitioner and therefore, this petition. 3.

In the circumstances stated by the learned counsel for the petitioner, that petitioner is not able to get a Government servant as surety, this Court is inclined to modify the above said condition. 4.

Accordingly, the condition imposed on the petitioner in Crl.M.P.No.3191 of 2023 dated 19.06.2023, i.e., that "he shall execute a bond for Rs.10,000/- with two acceptable and reliable sureties likesum. One among sureties shall be a Government servant, to the satisfaction of the Learned XXIII 2/4

Metropolitan Magistrate Saidapet", is hereby modified as follows:- "that he shall execute a bond for Rs.10,000/- with two acceptable and reliable sureties like sum, preferrably in close relatives. One among the sureties shall be from petitioner's native place, to the satisfaction of the Learned XXIII Metropolitan Magistrate Saidapet."

Other conditions shall remain intact.

5.

Accordingly, this Criminal Original Petition is ordered. 03.08.2023 Index : Yes/No Internet : Yes Speaking/non speaking order mpl Note: Issue order copy by today (03.08.2023) To

1. The Principal Special Court under EC & NDPS Act, Chennai.

2. The The Inspector of Police, R-5, Virugambakkam Police Station.

3. The Public Prosecutor, High Court, Madras.

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G.CHANDRASEKHARAN , J.

mpl CRL.O.P. No.16621 of 2023 03.08.2023 4/4