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Madras High CourtCRL OP/20552/2021ordered

Vijay v. State Rep By

2021-11-10Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.11.2021

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL.O.P.No.20552 of 2021 Vijay ... Petitioner Vs.

The State rep by The Inspector of Police Karumalaikoodal Police Station, Salem (Crime No.80 of 2021) ... Respondent Prayer : Criminal Original petition has been filed under Sections 439(1)(b) of Criminal Procedure Code, to modify the conditions in imposed in Crl.M.P.No.464 of 2021 dated 23.08.2021 on the file of the Sessions Judge and Special Court for Exclusive Trial of Cases under POCSO Act, Salem. For Petitioner : Mr.R.Parthiban For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed for modification of the bail condition imposed in Crl.M.P.No.464 of 2021 dated 23.08.2021 Sessions Judge and Special Court for Exclusive Trial of Cases under POCSO Act, Salem.

2. The case of the prosecution is that the petitioner kidnapped the victim girl on the pretext of love affair and had committed single penetrative sexual assault. Thereafter the petitioner filed a bail application before the Learned Sessions Judge and Special Court for Exclusive Trial of Cases under POCSO Act, Salem and by an Order dated 23.08.2021 in Crl.M.P.No.464 of 2021, the Sessions Court granted bail by imposing conditions of his executing a bond for Rs.50,000/- with two sureties for like sum each and both the sureties shall be a close relative of the https://hcservices.ecourts.gov.in/hcservices/

petitioner/accused that the petitioner/accused shall produce authenticated certificates issued by the local village administrative officer as to the blood sureties with the petitioner/accused. Now, it is submitted by the learned counsel for the petitioner that the petitioner is not in a position to execute the bond. Hence, he sought for suitable modification of the above said condition.

3.Heard both sides.

4.Considering the submissions made by the learned counsel for the petitioner, the conditions imposed on the petitioner by the Sessions Court below in Crl.M.P.No. 464 of 2021 vide order dated 23.08.2021 with regard to the bond of Rs.50,000/- is cancelled. However time is extended by a period of two weeks to the petitioner for executing the sureties. 5.Accordingly, this Criminal Original Petition is allowed with the above said modification.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar Sma To

1. Learned Sessions Judge and Special Court for Exclusive Trial of Cases under POCSO Act, Salem.

2. The Superintendent, Central Prison, Salem.

3. The Inspector of Police Karumalaikoodal Police Station, Salem.

4. Additional Public Prosecutor, Madras High Court.

+1cc to Mr.R.Parthiban, Advocate, S.R.No.58068 CRL.O.P.No.20552 of 2021 SSV(CO) SU(15/11/2021) https://hcservices.ecourts.gov.in/hcservices/