Somasundaram v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRDAS
DATE: 06.10.2016
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Criminal Original Petition No.22707 of 2016 1.Somasundaram 2.Sundaresan
...Petitioners/Accused 1 & 2
versus Stae Rep. by The Inspector of Police, District Crime Branch, Dharmapuri District.
...Respondent
Prayer:
This petition is filed under Section 482 Cr.P.C. praying to modify the surety condition imposed by learned Judicial Magistrate No.II, Dharmapuri, while granting bail to the petitioners in Crl.M.P.No.3964 of 2016 on 23.09.2016 that they should furnish a government surety for their release on bail. For Petitioners :
Mr.V.Sakkarapani For Respondent :
Mr.C.Emalias, Addl. Public Prosecutor
ORDER
This criminal original petition has been filed seeking to modify the surety condition attached to the order of bail granted in Crl.M.P.No.3964 of 2016 on 23.09.2016 by the learned Judicial Magistrate No.II, Dharmapuri.
2. The petitioners have been granted bail by the learned Magistrate on condition that they should furnish a bond for a sum of Rs.10,000/- each with two sureties of whom one surety
must be a government servant.
3. The learned counsel for the petitioners submitted that though bail was granted as early as on 23.09.2016, the petitioners were not able to avail the order of bail as no government service is coming forward to stand surety for them.
4. The allegation against the petitioners is that the 1st petitioner was running a bank in the name of "YES ABS Bank" which is phonetically and deceptively similar to that of the complainant bank and on the complaint of the Branch Manager of Yes Bank, the police have registered a case in Crime No.6 of 2016 for offences under Sections 120-B, 465, 468, 471, 482 , 489 and 420 of IPC against the petitioners and that they were arrested and remanded to judicial custody.
5. Taking into consideration of the facts and circumstances of the case and in the interest of justice, this court is inclined to modify the condition.
6. In the result, this criminal original petition is allowed and the condition attached to the order of bail granted by the trial court is modified and that the petitioners shall be released on bail on their executing a bond for a sum of Rs.10,000/- each with two sureties of whom one surety shall be a parent of the respective petitioner to the satisfaction of the Judicial Magistrate No.II, Dharmapuri. The rest of the conditions imposed by the learned Magistrate shall remand the same.
Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar kmk To 1.The Judicial Magistrate No.II, Dharmapuri, Dharmapuri Dist.
2.The Inspector of Police, District Crime Branch, Dharmapuri District.
3.The Public Prosecutor, High Court, Madras.
1CC to Mr.V.Sakkarapani, Advocate, SR 57504 Crl.O.P.No.22707 of 2016 CTR (CO) PSI 07/10/2016