S.Jaya Chandran v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.10.2016
CORAM
THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.OP.No.22580 of 2016 1.S.Jayachandran 2.Thiyagarajan
...Petitioners 1 & 2/Accused
Vs State Represented by The Inspector of Police, Sulur Police Station, Coimbatore District.
...Respondent/Complainant
Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to reduce the condition (i) the petitioners are ordered to be enlarged on bail on their executing a bond for Rs.10,000/- each with two sureties to the satisfaction of Judicial Magistrate No.7 in the order dated 28.09.2016 made in Crl.MP.No.2202 of 2016 in Crime No.595 of 2016 on the file of the learned Principal District & Sessions Judge, Coimbatore and modify the same enabling the petitioner and enlarging on bail by allowing this Criminal Original Petition. For Petitioners : Mr.J.Stalin For Respondent : Mr.C.Emalias Additional Public Prosecutor
O R D E R
This Criminal Original Petition has been filed to modify the conditional order dated 28.09.2016 passed by the learned Principal District & Sessions Judge, Coimbatore in Crl.MP.No.2202 of 2016.
2. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent.
3. It is seen that the petitioners were arrested and remanded to judicial custody on 29.08.2016 for the offence under Section 392 IPC before the Judicial Magistrate No.7, Coimbatore in Crime No.595 of 2016. The learned Principal
District & Sessions Judge, Coimbatore was pleased to grant bail to the petitioners in Crl.MP.No.2202 of 2016 on 28.09.2016 on condition that the petitioners shall execute a bond for Rs.10,000/- each with two sureties to the satisfaction of the Judicial Magistrate No.7, Coimbatore.
4. The learned counsel for the petitioners submitted that though the bail was granted as early as 28.09.2016, the petitioners were not able to avail the bail order, since they are not able to secure sureties for the said sum of Rs.10,000/-.
5. Accepting the submission, the said condition is modified to the effect that the petitioners are ordered to be enlarged on bail on their executing a bond for Rs.5,000/- each with two sureties, of whom one surety should be one parent of each petitioner, to the satisfaction of the Judicial Magistrate No.7, Coimbatore.
6. If the petitioners abscond during trial, it is open to file a fresh case against them under Section 229-A of IPC. Rest of the conditions imposed by the said Court shall remain the same.
With the above modification, this Criminal Original Petition is ordered.
Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar ds To
1. The Principal District & Sessions Judge, Coimbatore.
2. The Inspector of Police, Sulur Police Station, Coimbatore District.
3. The Judicial Magistrate No.7, Coimbatore.
4. -Do- Through The Chief Judicial Magistrate, Coimbatore.
5. The Public Prosecutor, High Court, Madras.
1CC to Mr.J.Stalin, Advocate, SR 57516 Crl.OP.No.22580 of 2016 CA (CO) PSI 07/10/2016