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Madras High CourtCRL OP/2877/2016modified

Balakrishnan v. The State Of Tamil Nadu Rep By

2016-02-10Honourable Dr. Justice P. Devadass2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2016

CORAM

THE HONOURABLE DR.JUSTICE P.DEVADASS Crl.O.P.No. 2877 of 2016

1. Balakrishnan

2. Govinda Gounder

3. Perumal ..Petitioners/Accused Vs The State of Tamil Nadu, rep. by the Inspector of Police, DCB Police Station, Dharmapuri, Dharmapuri District.

(Crime No.19 of 2015) ..Respondent/Complainant Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., praying to modify the condition imposed by the Principal Sessions Judge, Dharmapuri in Crl.M.P.No.254 of 2016, dated 01.02.2016 for the condition that one surety must be Government Surety to the satisfaction of the Judicial Magistrate, Pappireddipatti.

For Petitioner :Mr. R.Sankarasubbu For Respondent :Mr.C.Emalias, Additional Public Prosecutor

ORDER

Petition to dilute the rigor of a portion of condition imposed in the anticipatory bail order passed by the learned Principal Sessions Judge, Dharmapuri, in Crl.M.P.No.254 of 2016 on 01.02.2016.

2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor.

3. In the order dated 01.02.2016, petitioners were granted anticipatory bail with a direction to produce two sureties and out of them, one must be a government surety.

4. The learned counsel for the petitioners submits that both sides were already locked up in a partition suit and so far as the petitioners are concerned, the said condition is onerous and they are not in a position to comply the same. https://hcservices.ecourts.gov.in/hcservices/

5. In the facts and circumstances, there shall be modification to the order of the learned Principal Sessions, Dharmapuri, passed in Crl.M.P.No.254 of 2016 on 01.02.2016, to the following effect :

(i) The condition to produce Government Surety is deleted.

(ii) Instead, both the sureties shall be related by blood to the concerned petitioners.

(iii) They shall surrender and avail execute the bail bond within 10 days from the date of receipt of a copy of this modified order.

6.Accordingly, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar mrp To

1. The Principal Sessions Judge, Dharmapuri.

2. The Judicial Magistrate, Pappireddipatti.

3. -do- Through The Chief Judicial Magistrate, Dharmapuri District.

4. The Inspector of Police, DCB Police Station, Dharmapuri, Dharmapuri District.

5. The Public Prosecutor, High Court, Madras.

+ 1 cc to MR.R. Sankarasubbu, Advocate Sr.9102 Crl.O.P.No. 2877 of 2016 SKV(CO) Eu 24.02.16 https://hcservices.ecourts.gov.in/hcservices/