Shahab v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2021

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL.O.P.NO.22227 OF 2021 Shahab ... Petitioner .Vs.

State represented by, Inspector of Police, Madukkarai Police Station, Coimbatore District.

Cr.No.322/2021.

... Respondent Prayer:

Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure, to modify the condition that the petitioner shall execute a bond for Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety in CMP.No.432 of 2021 on the file of District Munsif cum Judicial Magistrate, Madukkarai. For Petitioner : Mr.K.Sudhakar For Respondent : Mr.N.S.Suganthan Government Advocate(Crl.Side)

O R D E R

This Criminal Original Petition has been filed to modify the condition that the petitioner shall execute a bond for Rs.1,00,000/- with one solvent surety in CMP.No.432 of 2021 on the file of District Munsif cum Judicial Magistrate, Madukkarai.

2. The learned counsel for the petitioner submitted that the petitioner is not an accused and the lower Court, while granting anticipatory bail to the petitioner, the trial Court imposed a condition that the petitioner shall execute a bond for a sum of Rs.1,00,000/- with one solvent surety. The petitioner is a poor person. However, he is unable to raise funds to deposit the said amount. Hence, the modification petition has been filed by the petitioner.

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3. Heard the learned Government Advocate (Criminal Side) appearing for the respondent police.

4. Considering the facts and circumstances of the case, reason is justifiable, hence, this Court modifies the condition no.(4) instead of executing a bond for a sum of Rs.1,00,000/- (Rupees one lakh only), the petitoner is directed to execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety. Meanwhile, the petitioner is directed to deposit original RC book stands in the name of the petitioner's father in the concerned Court until further orders. The other conditions imposed by the Court shall remain intact.

5. With the above modification, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Erl To

1. The District Munsif cum Judicial Magistrate, Madukkarai.

2. Do thro-The Chief Judicial Magistrate, Coimbatore.

3. The Inspector of Police, Madukkarai Police Station, Coimbatore District.

4. The Public Prosecutor, Madras High Court.

+1cc to Mr.K.Sudhakar, Advocate, S.R.No.61801 Crl.O.P.No.22227 of 2021 GPL(CO) PM/13/12/2021 https://hcservices.ecourts.gov.in/hcservices/