Syed Afsar v. The Forest Range Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.12.2016
CORAM
THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.27409 of 2016 1.Syed Afsar 2.Mohamed Yakoob Hussain 3.Kaleem ... Petitioners / Accused Vs State, represented by The Forest Range Officer, Urigam Range, Krishnagiri District.
... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to modify the order passed by the learned Principal Sessions Judge, Krishnagiri, Krishnagiri District in Crl.M.P.No.1687 of 2016 dated 22.10.2016 as regular surety instead of the petitioners 1 to 3 are directed to be released on bail on their executing a bond for a sum of Rs.10,000/- each with two sureties among them one of the surety should be staff of Tamil Nadu Government.
For Petitioners:
Mr.E.Kannadasan For respondent :
Mr.C.Emalias, Addl. Public Prosecutor
ORDER
The present criminal original petition has been filed to modify the order passed by the learned Principal Sessions Judge, Krishnagiri, Krishnagiri District, made in Crl.M.P.No.1687 of 2016 dated 22.10.2016
2. It is the case of the petitioners that they were granted bail by the learned Principal Sessions Judge, Krishnagiri, Krishnagiri District in Crl.M.P.No.1687 of 2016 dated 22.10.2016 on certain conditions. One of the conditions is that the petitioners shall execute a bond for a sum of Rs.10,000/- each with two sureties (among them one of the surety
should be staff of Tamil Nadu Government) for a like sum each to the satisfaction of the learned District Munsif cum Judicial Magistrate, Denkanikottai. Since the petitioners are the natives of State of Karnataka and their relatives and friends are not working in the Tamil Nadu Government, they are not able to comply with the said order and hence, they are not in a position to come out on bail. Hence, the petitioners have come up with the present petition seeking modification of the said condition.
3. Learned Additional Public Prosecutor has no serious objection to modify the said condition imposed on the petitioners.
4. Considering the facts and circumstances of the case, this Court is inclined to modify the said condition to the effect that instead of Government Servant surety, the petitioners shall furnish one more surety.
5. Accordingly, the condition imposed on the petitioners in Crl.M.P.No.1687 of 2016 dated 22.10.2016 by the learned Principal Sessions Judge, Krishnagiri, Krishnagiri District, viz., " petitioners are hereby directed to be released on bail in their executing a bond for a sum of Rs.10,000/- each with two sureties (among them one of the surety should be staff of Tamil Nadu Government) for a like sum each to the satisfaction of the learned District Munsif cum Judicial Magistrate, Denkanikottai.," is modified as follows:- " the petitioners are hereby directed to be released on bail in their executing a bond for a sum of Rs.10,000/- each with three sureties for a like sum each to the satisfaction of the learned District Munsif cum Judicial Magistrate, Denkanikottai. "
The other conditions shall remain unaltered. The criminal original petition is ordered accordingly.
Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar sbi
To 1.The Principal District and Sessions Judge, Krishnagiri, Krishnagiri District.
2. The District Munsif cum Judicial Magistrate Denkanikottai 3.The Forest Range Officer, Urigam Range, Krishnagiri District.
4.The Public Prosecutor, High Court, Madras.
1 cc to E. Kannadasan, Advocate, Sr. 76189 Crl.O.P.No.27409 of 2016 RSY (CO) kk 27/12