A.Jainulabudeen v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2024

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR A.Jainulabudeen ... Petitioner/Accused Vs.

The Inspector of Police, CCD-1, Cyber Crime Branch, Chennai.

Crime No.79/2024 ... Respondent/Complainant Prayer: Criminal Revision Petition filed under Sections 438 and 442 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to set aside and modify the conditions imposed in Crl.M.P.No.12948 of 2023 dated 23.07.2024, on the file of learned XI Metropolitan Magistrate Court, Saidapet, Chennai - 15 in para "(a) The petitioner/Accused is directed to execute a personal bond for a sum of Rs.25,000/- along with two Government sureties each for a like sum amount both of whom shall be a Government servants". For Petitioner : Mr.Ilayaraja Kandasamy For Respondent : Mr.A.Damodaran Additional Public Prosecutor

ORDER

1/4

This petition has been filed seeking to set aside and modify the condition imposed in Crl.M.P.No.12948 of 2023 dated 23.07.2024, on the file of learned XI Metropolitan Magistrate Court, Saidapet, Chennai - 15 in para "(a) The petitioner/Accused is directed to execute a personal bond for a sum of Rs.25,000/- along with two Government sureties each for a like sum amount both of whom shall be a Government servants". 2.The petitioner was granted statutory bail by the trial Court on 23.07.2024 in Crl.M.P.No.12948 of 2024 with certain conditions. One of the conditions is that the petitioner to execute a personal bond for a sum of Rs.25,000/- with two sureties and the two sureties to be a Government employees.

3.The contention of the learned counsel for petitioner is that the petitioner has no relatives or friends known to him in Government service. Despite statutory bail granted, he is unable to execute sureties and he is still confined in prison. Since the condition is onerous, he is seeking modification of the condition. He further submitted that his family members, namely, his mother and sister shall stand as surety and the surety amount may be 2/4

modified to Rs.10,000/- 4.The learned Additional Public Prosecutor submitted that petitioner is involved in job racketing, but fairly submitted that he was detained under Goondas Act and the detention order revoked in H.C.P.No.1166 of 2024. 5.In view of the above, the condition imposed on the petitioner is modified to the extent that the petitioner to execute a personal bond for a sum of Rs.10,000/- with two blood sureties (Mother and Sister). 6.Accordingly, the Criminal Revision Case is disposed of. 28.08.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order rsi Note: Issue order copy on 28.08.2024.

3/4

M.NIRMAL KUMAR, J.

rsi To 1.The Inspector of Police, CCD-1, Cyber Crime Branch, Chennai.

2.The XI Metropolitan Magistrate, Saidapet, Chennai.

3.The Public Prosecutor, High Court, Madras.

28.08.2024 4/4