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Madras High CourtCRL OP/23528/2016modified

A.Muthukumar v. State By

2016-10-24Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.10.2016 C O R A M THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.23528 of 2016 A.Muthukumar ... Petitioner Vs.

State by S.H.O Inspector of Police EOW-II, Coimbatore ... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C to modify the bail condition so that the petitioner shall execute a bond for Rs.50,000/- with two sureties to the like sum to the satisfaction of Special Judge, Special Court, under TNPID Act cases Coimbatore in Crl.MP.2131/2016 pending investigation on the file of the respondent.

For Petitioner : Mr.T.Sivagnanasambandan For Respondent : Mr.C. Emalias Additional Public Prosecutor

O R D E R

This criminal original petition has been filed to modify the bail condition so that the petitioner shall execute a bond for Rs.50,000/- with two sureties to the like sum to the satisfaction of Special Judge, Special Court, under TNPID Act cases Coimbatore in Crl.MP.2131/2016 pending investigation on the file of the respondent.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. The petitioner was arrested for offence under Section 420 IPC and Section 5 of TNPID Act 1997 and was released on compulsory bail under Section 161(2) Cr.P.C. by the learned Single Judge for TNPID cases in Crl.MP.2131/2016 on 24.08.2016 on certain conditions, one of which is that the petitioner https://hcservices.ecourts.gov.in/hcservices/

should execute a bond for Rs.15 lakhs with two sureties for the likesum and they must be his close relatives and they must produce the documents relating to immovable property for the value of Rs.15 lakhs each.

4. Learned counsel for the petitioner submitted that though bail was ordered on 24.08.2016, the petitioner was not able to enjoy the fruits of the bail order, because no relatives are not coming forward to stand as a surety. He has also submitted that both his parents have died.

5. Under such circumstances, in the interest of justice, this Court modifies the condition to the effect that instead of close relatives of the accused, the accused may produce his friends as sureties. Rest of the conditions imposed by the trial Court shall remain the same.

With the above modifications, this petition is ordered. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mk To

1. The Special Judge, Special Court, under TNPID Act cases Coimbatore.

2. The Inspector of Police, EOW-II, Coimbatore.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.T.Sivagnanasambandan, Advocate, S.R.No.60865 Crl.O.P.No.23528 of 2016 MP1(CO) CA(26/10/2016) https://hcservices.ecourts.gov.in/hcservices/