Mohammed Arman v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.12.2021

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.24760 of 2021 Mohammed Arman ... Petitioner Vs.

State Rep. By Inspector of Police, Central Crime Branch, Vepery, Chennai.

(Crime No.38 of 2021) ... Respondent Prayer: Criminal Original Petition has been filed under Section 439 (1)(b) of Cr.P.C , to modify the order of the conditions in Crl.M.P.No.23539 of 2021 dated 27.10.2021 on the file of the Learned Chief Metropolitan Magistrate, Egmore, Chennai. For Petitioner :

M/s.M.Mathanraj For Respondent :

Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

This petition has been filed for seeking modification of the the conditions imposed by the Court below while allowing the application in Crl.MP.No.23539 of 2021, filed by the petitioner. The Court below by its order dated 22.11.2021 while granting statutory bail, had imposed certain conditions that the petitioner should execute a bond for Rs.1,00,000/- along with two sureties, who must be the petitioner's family members and to produce Property Valuation Certificate by two sureties for the said value viz Rs.1,00,000/- issued by Tahsildar and the petitioner was directed to surrender his passport before the Court and should not leave India without seeking permission from the Court.

2. The learned counsel for the petitioner submits that the petitioner was not in a position to execute sureties, due to the stringent conditions and seeks for modification of the condition.

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3. Taking into consideration the facts and circumstances of the case, and also the pandemic situation, though the petitioner on his own volition came forward to deposit Rs.1,00,000/-, in the interest of justice, as found in the order dated 22.11.2021 and accordingly the said condition is modified as the petitioner shall deposit Rs.1,00,000/- to the credit of the Crime No.38 of 2021 and shall execute a bond for Rs.20,000/- along with two blood surety (more particularly parents) and further period of two weeks is granted to the petitioner to comply with the conditions as imposed by the Court below from the date of receipt of copy of this order.

4. The other conditions as imposed by the Court below while passing orders in Crl.MP.No.23539 of 2021, will stand as it is.

5. With the above modification, this Criminal Original Petition is allowed.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar Sma To

1. The Chief Metropolitan Magistrate, Egmore, Chennai.

2. Inspector of Police, Central Crime Branch, Vepery, Chennai.

3. The Public Prosecutor, Madras High Court.

Crl.O.P.No.24760 of 2021 EV(CO) SU(23/12/2021) https://hcservices.ecourts.gov.in/hcservices/