Madras High CourtCRL OP/25601/2021ordered

K.Ramkumar v. State Rep By

2022-01-03Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2022

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI Crl.O.P.No.25601 of 2021 K.Ramkumar (M/23 years) S/o.Kannan ... Petitioner Vs.

The State Represented by Inspector of Police, Selvapuram Police Station, All Women Police Station, Coimbatore.

(Crime No.2 of 2020) ... Respondent Prayer: Criminal Original Petition filed under Section 439(1)(b) of Cr.P.C. to modify the condition imposed by the Hon'ble Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore, "as own bond for a sum of Rs.25,000/- and the two sureties for like sum to be produced" may be modified and reduced instead of above condition in CMP.No.206 of 2020 dated 29.04.2020.

For Petitioner : Mr.S.Rajesh 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 in C.M.P.No.206 of 2020 dated 29.04.2020 on the file of the respondent police.

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 submit a own bond for a sum of Rs.25,000/- and the two sureties for the like to be produced. He further submits that the petitioner is a poor villager, after completion of his studies he had worked as daily wages. Hence, he prays to modify the above said condition.

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3.Per contra, the learned Additional Public Prosecutor would submit that the petitioner has committed very serious offence and hence the learned Magistrate has rightly imposed the above said condition.

4. Considering the facts and circumstances of the case, the reason stated by the petitioner for not comply the order is justifiable one. Hence, this Court modifies the condition that the petitioner should submit an own bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) and the two sureties for the like sum to be produced and finally two weeks time is extended to the petitioner to execute the sureties. The other conditions imposed by the Court shall remain intact. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar drl To

1. The Special Judge for Exclusive Trial of Cases under POCSO Act, Coimbatore.

2. The Inspector of Police, Selvapuram Police Station, All Women Police Station, Coimbatore.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.25601 of 2021 AD(CO) CT 20/01/2022 https://hcservices.ecourts.gov.in/hcservices/