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Madras High CourtCRL MP/11104/2021modified

Viswanathan v. Inspector Of Police

2021-11-01Honourable Mr Justice P. N. Prakash,Honourable Mrs Justice S.Srimathy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the First day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice P. N. PRAKASH and The Hon`ble Mrs Justice S. SRIMATHY CRIMINAL MISCELLANEOUS PETITION No.11104 of 2021 AND CRL.A.NO.259 of 2021 VISWANATHAN [PETITIONER/APPELLANT/ACCUSED ] Vs STATE REP BY [ RESPONDENT/ACCUSED ] THE INSPECTOR OF POLICE VELLAKOIL POLICE STATION, TIRUPPUR DISTRICT.

(CR.NO. 410/2018) Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in CRL.A.NO.259 of 2021 on the file of the High Court, the High Court will be pleased to modified the condition imposed on the petitioner/appellant that the petitioner shall execute a bond for a sum of Rs.25,000/- with tow sureties of whom, one should be ableed relative, each for a like sum of the satisfaction of learned Principal District and Sessions Judge, Tiruppur in Crl.M.P.No.5875 of 2021 in C.A. No. 259 of 2021 dated 15.07.2021 on the file of this Hon`ble Court to secure the ends of justice and thus render justice.

Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in CRL.A.NO.259 of 2021 on the file of the High Court and upon hearing the arguments of M/S.S.SENGKODI Advocate for the Petitioner and of MR.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 15.07.2021 passed in Crl.M.P.No.5875 of 2021 in Crl.A.No.259 of 2021. 2.

This Court, by order dated 15.07.2021 in Crl.M.P.No.5875 of 2021 in Crl.A.No.259 of 2021, granted suspension of sentence and bail to the petitioner on certain conditions, one of which is that, "8.(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 Principal District and Sessions Judge, Tiruppur."

3.

The learned counsel for the petitioner submitted that except the aged parents, who are living in a village in Arakkonam, there are no other blood relatives for the petitioner.

4.

The fact remains that the petitioner was granted suspension of sentence and bail on 15.07.2021 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 Principal District and Sessions Judge, Tiruppur."

The rest of the conditions imposed by this Court in order dated 15.07.2021 passed in Crl.M.P.No.5875 of 2021 in Crl.A.No.259 of 2021 shall remain the same.

-sd/- 01/11/2021 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 PRINCIPAL DISTRICT AND SESSIONS JUDGE, TIRUPPUR.

2 THE SUPERINTENDENT CENTRAL PRISON, COIMBATORE.

3 THE INSPECTOR OF POLICE, VELLAKOIL POLICE STATION, TIRUPPUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1C.C. to M/S.R.SANKARASUBBU Advocate on payment of necessary charges SR.NO.12345 Order in CRL MP.11104/2021 in CRL.A.NO.259/2021 Date :01/11/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format CSK 09/11/2021