Kanagaraj v. State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.08.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Crl.OP.No.21081of 2025 Kanagaraj ... Petitioner Vs.

The State represented by, The Inspector of Police, AWPS, Jayankondam.

... Respondent PRAYER: This Criminal Original Petition has been filed under Section 483(1)(b) of BNSS, praying to set aside the order passed by the learned Sessions Judge, Fast Track, Mahila Court, Ariyalur in Crl.M.P.No.511 of 2025, dated 18.03.2025 and also to consequently modify the conditions in 7(1) para imposed in Crl.M.P.No.4549 of 2024, dated 02.12.2024 passed by the learned Sessions Judge, Fast Track, Mahila Court, Ariyalur.

For Petitioner : Ms.C.P.Kavitha Renjini For Respondent : Mr. Leonard Arul Joseph Selvam, Additional Public Prosecutor *********

O R D E R

The petitioner/accused in Crime No. 73 of 2024 was arrested by the respondent police and was granted bail by the lower Court on 02.12.2024 with certain conditions. One of the conditions was that the petitioner shall execute a 1/4

bond for a sum of Rs. 25,000/- with two sureties for a like sum, to the satisfaction of this Court, and that one of the sureties must be a blood relative.

2. The petitioner was unable to arrange a blood surety immediately and therefore filed a modification petition in Crl.M.P. No. 4751 of 2024. The lower Court, by order dated 02.01.2025, modified the condition by directing the petitioner to execute a bond for Rs. 25,000/- with two sureties, removing the blood relative requirement.

3. However, the petitioner was still unable to comply, and the matter was referred to the Tamil Nadu Legal Services Authority, Chennai which nominated counsel to represent him. The learned counsel submitted that the petitioner is aged about 92 years, his daughter is unwell, and his son, who had served in the Police Department, is deceased. Two of his grandsons are willing to help but are unable to stand as sureties-one being employed in the Police Department and the other intending to take up employment abroad.

4. It was further submitted that, although the petitioner was granted bail as early as December 2024, he has remained in prison for more than eight months despite availing bail, solely due to his inability to satisfy the surety condition. The learned counsel prayed for modification of the surety condition to allow a cash surety instead.

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5. In view of the above, this Court directs the petitioner to execute a personal bond for a sum of Rs. 25,000/- and furnish a cash surety of Rs.25,000/-, to be deposited with the lower Court.

6. With the above direction, this Criminal Original Petition is allowed. 06.08.2025 nvi To 1.The Inspector of Police, AWPS, Jayankondam 2.The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR,J., nvi Crl.OP.No.21081 of 2025 06.08.2025 4/4