Sathish v. State Rep By Its
in Crl.O.P.Nos.15470 and 15489 of 2023 G.CHANDRASEKHARAN.
J.
The Criminal Miscellaneous Petitions have been filed to modify the condition imposed in the para 4 of the order in Crl.O.P.Nos.15470 and 15489 of 2023 dated 14.07.2023.
2. The learned counsel for the petitioners submitted that, while granting anticipatory bail to the petitioners, this Court directed the petitioners to deposit Rs.10,000/- each by way of Demand Draft/RTGS/NEFT to the credit of the District Mineral Foundation Trust concerned, without prejudice to their rights and contentions before the trial Court. He further submitted that, petitioners are not able to mobilize funds because of his financial position. Other condition is that petitioners are directed to execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties". They are not able to find sureties to execute the bond for Rs.25,000/-.
3. In the said circumstances, the condition imposed on the petitioners is modified to the effect that, the petitioners are directed to deposit Rs.5,000/- each to the credit of the District Mineral Foundation Trust concerned. Petitioners are directed to execute bond for Rs.10,000/- each with two sureties for the like sum. Thus, the condition imposed on the petitioners in Crl.O.P.Nos.15470 and 15489 of 2023 dated 14.07.2023 is modified as 1/3
follows, "...
4. Considering the nature of allegations made against the petitioners and the fact that, accused had offloaded the sand and also the fact that, there is no previous case pending against the petitioners and that material part of the investigation might have been over by this time, this Court is of the view that, custodial interrogation of the petitioners is not necessary and petitioners are directed to make a nonrefundable deposit of Rs.5,000/- (Rupees Five Thousand only) each by way of Demand Draft/RTGS/NEFT to the credit of the District Mineral Foundation Trust concerned, without prejudice to their rights and contentions before the trial Court.
On such deposit and production of proof, petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Vazhapadi, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned..."
4. Accordingly, this Criminal Miscellaneous Petitions are ordered. 22.08.2023 gd 2/3
G.CHANDRASEKHARAN.
J.
gd 22.08.2023 3/3