Lingapandian v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.09.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.25194 of 2019 Lingapandian

...Petitioner

Vs.

The State of Tamilnadu, Represented by The Inspector of Police, V3, JJ Nagar Police Station, chennai - 600040.

...Respondent

(In Cr No.378 of 2015) Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to modify the conditions imposed by the Hon'ble Judicial Magistrate, Ambattur by an order dated 05.09.2019 made in Crl.M.P.No.4144 of 2019.

For Petitioner : Mr.K.P.Jotheeswaran For Respondent : Mr.C.Iyyapparaj Additional Public Prosecutor

O R D E R

The petitioner, who was arrayed as an accused, has been granted bail by the learned Judicial Magistrate, Ambattur on 05.09.2019 in Crl.M.P.No.4144 of 2019, on certain conditions. Seeking to modify the same, the present petition had been filed.

2. The learned counsel for the petitioner submitted that the petitioner is aged about 60 years and is suffering from medical ailments and the condition imposed by the learned Judicial Magistrate to furnish property surety for Rs.20,00,000/- would deprive the petitioner from availing the bail granted. The learned counsel would further submit that the petitioner would be satisfied, if permission is granted to him to execute a bond for a sum of Rs.20,00,000/- with a surety for a like sum, instead of Rs.20,00,000 as property surety.

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3. The learned Additional Public Prosecutor appearing for the respondent vehemently opposed the submission made by the learned counsel for the petitioner.

4. Taking a lenient view on the age as well as the medical condition of the petitioner and also the submission made by the learned counsel for the petitioner, this Court is of the view that if the petitioner is granted permission to execute a bond for a sum of Rs.20,00,000/- with a surety, the ends of justice would be secured.

5. In the light of the above observations, the condition imposed in the earlier order dated 05.09.2019 passed in Crl.M.P.No.4144 of 2019 to furnish securities along with property surety for Rs.20,00,000/- is modified to the effect that the petitioner shall execute a bond for a sum of Rs.20,00,000/- with a surety for a like sum.

6. All other observations made in the earlier order dated 05.09.2019 shall remain intact.

7. The Criminal Original Petition stands allowed accordingly.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar To 1.The Judicial Magistrate Ambattur

2. The Inspector of Police, V3, JJ Nagar Police Station, Chennai - 600040.

3. The Additional Public Prosecutor, High Court of Madras.

+1 cc to Mr.K.P.Jotheeswaran Advocate sr80038 Crl.O.P.No.25194 of 2019 aa19/09/2019 https://hcservices.ecourts.gov.in/hcservices/