Prakash v. The State Rep. By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2025

CORAM

THE HON'BLE MR. JUSTICE M. NIRMAL KUMAR 1.Prakash, S/o. Krishnan 2.Nirmalkumar, S/o. Ramadoss 3.Gopi, S/o. Munusami 4.Mohan S/o. Kuppan 5.Ranjith, S/o. Venkatesan 6.Akash, S/o. Ashok Kumar

7. Elavarasan, S/o. Siva ... Petitioners

Versus

The State Rep. By, The Inspector of Police, Shollinghur Police Station, Ranipet District.

(Crime No.118 of 2025) ... Respondent(s) 1/6

Prayer :

Civil Miscellaneous Petition filed under Section 482 r/w Section 439 of Criminal Procedure Code, 1973 equivalent under Section 528 r/w Section 483 of the Bharatiya Nagarik Suraksha Sanhita, (BNSS), 2023, to modify the condition imposed in paragraphs Nos.4(a) and 4(b) in Crl.M.P.No.480 of 2025 dated 11.06.2025, on the file of the learned Judicial Magistrate Court, Sholingur.

For Petitioners : Mr. D. Balaji For Respondent : Mr. C. Baskaran Government Advocate (Criminal Side)

ORDER

This petition has been filed to modify the condition in paragraphs Nos.4(a) & 4(b) imposed on the petitioner in Crl.M.P.No.480 of 2025, dated 11.06.2025 by the learned Judicial Magistrate, Sholinghur.

2. The petitioners are accused in Crime No.118 of 2025 were granted statutory bail in Cr.M.P. No.480 of 2025, by order dated 11.06.2025 on certain conditions. However, the petitioners are unable to comply with the conditions imposed on them in paragraphs Nos.4(a) and 4(b), and seek modification on the following conditions: 2/6

"4(a). the petitioners were ordered to be released on bail by executing bond for a sum of Rs.25,000/-, within one blood surety and one local security like sum; 4(b). The sureties shall affix their photographs (which is not older than '6' months before the date of submission) and left thumb impression in the surety bond and shall furnish a copy of their Permanent Account Number Card or Bank pass book to ensure their identity and access the solvency of the sureties;.."

Therefore, the petitioners have filed the present modification petition.

3. The learned counsel for the petitioners submitted that the petitioners' families belong to the below poverty line and they are not in a position to comply with the above conditions. Further, he submitted that despite the bail being granted to the petitioners as early as one month ago, they are unable to enjoy its benefits due to the onerous conditions.

4. The learned Government Advocate (Criminal Side) appearing for the respondent raised strong objections, stating that the petitioners have not complied with the conditions even once.

5. Heard the learned counsel appearing on either side and perused 3/6

the materials available on record.

6. It is seen from the records that the petitioners are unable to comply with the the conditions, particularly paragraphs Nos.4(a) and 4(b), producing a copy of Permanent Account Number Card i.e., PAN card or Bank passbook for the sureties to verify their identity and access their solvency, and mobilizing funds for executing the bond amount of Rs.25,000/- with one blood surety and one local surety like sum. Despite obtaining bail, the petitioners are still in prison more than one month due to non-compliance of the onerous conditions.

7. Considering the facts and circumstances of the case and the submissions made by the learned counsel for the petitioners, this Court is inclined to modify the aforesaid conditions. Accordingly, the petitioners are directed to execute a bond for Rs.10,000/- with two sureties for like sum. The sureties can produce either a PAN card or Bank passbook, or any other document to verify their identity, as per the criminal practice rules.

8. With these observations, this Criminal Miscellaneous Petition 4/6

is ordered and modified as indicated above. It is made clear that the other conditions imposed on the petitioners by the learned Judicial Magistrate, Sholinghur, remain unaltered.

15.07.2025 Speaking/Non-Speaking Order : Yes/No Neutral Case Citation : Yes/ No Index : Yes/No klt Note: Issue order copy on 16.07.2025 To 1.The Judicial Magistrate, Sholinghur.

2. The Inspector of Police, Shollinghur Police Station, Ranipet District. (Crime No.118 of 2025)

3. The Superintendent of Police, Central Prison, Vellore.

4. The Public Prosecutor, High Court, Madras. 5/6

M. NIRMAL KUMAR, J.

klt 15.07.2025 6/6