K.Sakthivel, M/41 v. The State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2016

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.26404 of 2016 1.K.Sakthivel 2.Ranjani ... Petitioners / Petitioner Accused Nos. 1 & 2 Vs The State, rep. By Inspector of Police, Modakurichi Police Station, Erode District.

... Respondent / Complainant Criminal Original Petition filed under Section 482 Cr.P.C. to modify the conditions to produce two sureties in which one must be a blood relative and another must be a respectable person in that area for the like sum to the satisfaction of the Judicial Magistrate No.3, Erode with the condition that they shall report before the court concerned viz. the Judicial Magistrate No.III, Erode daily once at 10.30 a.m. until further orders as imposed in order dated 15.11.2016 made in Crl.M.P.No.1237 of 2016 on the file of the learned Principal Sessions Judge, Erode.

For Petitioners : Mr.N.Manokaran For Respondent :

Mr.C.Emalias, Addl. Public Prosecutor

ORDER

The present criminal original petition has been filed to modify the condition imposed on the petitioners in Crl.M.P.No.1237 of 2016 dated 15.11.2016 by the learned Principal Sessions Judge, Erode.

2. It is the case of the petitioners that they have filed a petition in Crl.M.P.No.1237 of 2016 before the learned Principal Sessions Judge, Erode, seeking anticipatory bail and the learned Principal Sessions Judge, granted anticipatory bail to the petitioners on certain conditions. One of the conditions is that the petitioners shall execute a bond for a sum of

Rs.25,000/- each with two sureties, out of which one must be a blood relative and another must be a respectable person in that area, for the like sum to the satisfaction of the Judicial Magistrate No.III, Erode. In view of the said stringent condition, the petitioners are not in a position to avail the benefit of the said order. Hence, seeking modification of the said order, the petitioners have come up with the present petition.

3. Learned Additional Public Prosecutor has no serious objection to modify the said condition imposed on the petitioners.

4. Hence, the condition imposed on the petitioners in Crl.M.P.No.1237 of 2016 dated 15.11.2016, viz., the petitioners shall execute a bond for a sum of Rs.25,000/- each with two sureties, out of which one must be a blood relative and another must be a respectable person in that area, for the like sum to the satisfaction of the Judicial Magistrate No.III, Erode, is hereby modified as follows:- " The petitioners shall execute a common bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties each for the like sum to the satisfaction of the learned Judicial Magistrate No.III, Erode. Further, the petitioners are granted three weeks time from today (9.12.2016) to surrender before the learned Magistrate. "

The other conditions shall remain unaltered. The criminal original petition is ordered accordingly.

Sd/- Asst.Registrar (J) /true copy/ Sub Asst. Registrar sbi To

1. The Judicial Magistrate III Erode

2. Do thro the Chief Judicial Magistrate Erode

3.Inspector of Police, Modakurichi Police Station, Erode District.

4.The Public Prosecutor, High Court, Madras.

1 cc to M/s. N. Manoharan, Advocate, Sr. 72884 Crl.O.P.No.26404 of 2016 CNR (CO) kk 19/1