Veeramani, Aged 37 Years, v. State Rep. By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25..01..2018

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.1934 of 2018 Veeramani ..... Petitioner -VersusState Rep. By The Inspector of Police, Dharmapuri Town Police Station, Dharmapuri District.

[Crime No.839 of 2017] ..... Respondent Petition filed under Section 439(1)(b) of Cr.P.C. praying to modify the condition in respect of furnishing sureties imposed by the learned Judicial Magistrate-I, Dharmapuri, Dharmapuri District, Alandur, in Crl.M.P.No.202 of 2018 while granting bail to the petitioner on 28.11.2017 in Crime No.839 of 2017 on the file of the respondent police.

For Petitioner : Mr.V.Sakkarapani For Respondent : Mr.C.Iyyapparaj, Addl. Public Prosecutor

ORDER

This petitioner was arrested and remanded to custody on 11.11.2017 in connection with a case in Crime No.839 of 2017 by the the respondent police for alleged offences u/s 307 of IPC. He was granted bail by order dated 12.01.2018 in Crl.M.P.No.202 of 2018 by the learned Judicial Magistrate-I, Dharmapuri, on the following condition:

"the petitioner is ordered to be enlarged on bail on his executing a bond for a sum of Rs.10,000/- with two sureties and each one of them being the blood relative of the petitioner/accused and further the petitioner will appear before the respondent police station daily at 10.00 a.m. until further orders."

2. Heard both sides.

3. The learned counsel for the petitioner would submit that the blood relatives of the petitioner viz., the parents of the petitioner do not have any property and thereby he was not able to comply with the condition. The learned counsel for the petitioner would however submit that the two of his close relatives viz., Dhanapalan, the elder paternal uncle and one Ramesh Kumar, the brother in-law of the are prepared to stand as sureties for him. The learned counsel would further submit that though the petitioner was granted bail as early as on 12.01.2018, he has been languishing in prison all along for want of blood sureties and, therefore, he prayed this court to modify the condition in respect of furnishing surety bonds.

4. Having regard to the above facts and circumstances of the case, this court is inclined to modify the condition relating to furnishing of sureties and that the condition imposed by the learned Magistrate is modified as follows:- "the petitioner shall execute a bond for a sum of Rs.10,000/- with two sureties, both of them shall be close relatives, each for a like sum to the satisfaction of the learned Judicial Magistrate-I, Dharmapuri"

The other conditions imposed by the learned Magistrate shall stand maintained.

5. In the result, this criminal original petition is ordered as indicated above.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar kmk

To 1.The Judicial Magistrate-I, Dharmapuri, Dharmapuri District. 2.The Inspector of Police,Dharmapuri Town Police Station, Dharmapuri District.

3.The Public Prosecutor, High Court, Chennai 600104.

+1 cc to M/s.V.Sakkarapani Advocate sr 5767 Crl.O.P.No.1934 of 2018 aa25/01/2018