Karthik R v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.12.2021

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.24796 of 2021 R.Karthik, M/A 21 years, S/o.Rajasekar

...Petitioner

Vs.

State Rep. by, Inspector of Police, All Women Police Station, Sriperumbudur, Kancheepuram.

Cr.No.10 of 2021. ...Respondent Prayer: Criminal Original Petition has been filed under Section 439(1)(b) of the Code of Criminal Procedure, to modify the condition imposed upon the petitioner by the learned Sessions Judge, Special Court for Exclusive Trial of cases under POCSO Act, Chengalpattu passed in Crl.M.P.No.834 of 2021 dated 28.10.2021.

For Petitioner : Mr.Adithya Varadarajan For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to modify the condition imposed by the learned Sessions Judge, Special Court for Exclusive Trial of cases under POCSO Act, Chengalpattu in Crl.M.P.No.834 of 2021 dated 28.10.2021.

2. The learned counsel for the petitioner submitted that the petitioner is not an accused and the lower Court, while granting bail to the petitioner, the trial Court imposed a condition that the petitioner is enlarged on bail on the condition that the petitioner should execute a bond for a sum of Rs.10,000/- with two sureties each and one surety must be a blood relative for a like sum to the satisfaction of the Judicial Magistrate, Sriperumbudur. However, he is not possible to produce any blood surety as his father and mother are no more and the only brother https://hcservices.ecourts.gov.in/hcservices/

was not willing to stand surety. Hence, the modification petition has been filed by the petitioner.

3. Heard the learned Additional Public Prosecutor appearing for the respondent police.

4. Considering the facts and circumstances of the case, reason is justifiable, hence, this Court modifies the condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties with proper Aadhar card. The other conditions imposed by the Court shall remain intact.

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

Sd/- Assistant Registrar(CS-I) //True Copy// Sub Assistant Registrar drl To

1. The Sessions Judge, Special Court for Exclusive Trial of cases under POCSO Act, Chengalpattu

2. The Inspector of Police, All Women Police Station, Sriperumbudur, Kancheepuram.

3. The Public Prosecutor, Madras High Court.

4. The Superintendent, Central Prison, Puzhal, Chennai.

+1cc M/s.Adithya Varadarajan, Advocate, S.R.No.69870 (27/12/2021) Crl.O.P.No.24796 of 2021 (CO) RGA(23/12/2021) https://hcservices.ecourts.gov.in/hcservices/