K.Vignesh v. State Rep. Through
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.08.2019
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.21530 of 2019 K.Vignesh
...Petitioner/Accused
Vs.
State Rep through the Inspector of Police, Koradachery Police Station, (Crime No.170 of 2019)
...Respondent
PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to set aside the condition imposed by the learned Principal District Sessions Judge, Tiruvarur in Crl.M.P.No.1266 of 2019 dated 16.07.2019 that the petitioner should produce a surety who is a Government servant and accept any other surety.
For Petitioner : Mr. Sunder Mohan For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor
ORDER
This petition has been filed challenging the condition imposed by the Court below while granting bail to the petitioner.
2. The petitioner was arrested and remanded to judicial custody by the respondent police on 15.06.2019 for an offence under Sections 147,148,294(b),307 IPC. The petitioner filed a bail petition before the Court below and the Court below after considering the facts and circumstance of the case, granted bail to the petitioner by imposing certain conditions.
3. The petitioner is aggrieved by the condition wherein one of the surety was directed to be a Government surety. The petitioner is not in a position to furnish the Government surety in this case and as a result of which the petitioner was not able to come out on bail till today, inspite of the bail being granted on 16.07.2019.
https://hcservices.ecourts.gov.in/hcservices/
4. Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondent police.
5. Taking into consideration the facts and circumstances, the first condition imposed by the court below is modified as follows "the petitioner is directed to execute the bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties for like sum, out of which one surety shall be his blood relative (father of the petitioner)".
6. The other conditions imposed by the Court below shall stand as it is.
7. This Criminal Original Petition is disposed of with the above modification.
rri Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, Koradachery Police Station.
(Crime No.170 of 2019) 2.The Public Prosecutor High Court, Madras.
+1cc to Mr.Sunder Mohan, Advocate, SR.No.67897 CRL.O.P No.21530 of 2019 Kak(08/08/2019) https://hcservices.ecourts.gov.in/hcservices/