Vinothkuberan@ Vinoth @ Kumar v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.09.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.26070 of 2019 Vinothkuberan @ Vinoth @ Kumar

...Petitioner

Vs.

The State Rep by Inspector of Police, AVS Police Station, Chennai.

...Respondent

Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to modify the condition of the IV Metropolitan Magistrate, Saidapet, Chennai in Crl.M.P.No.6420 of 2019 dated 16.09.2019 in respect only to the condition "(i)the petitioner shall execute a bond for a sum of Rs.10,000/- with two sureties to the like sum each. One of the surety must be his blood relative or his wife." to "the petitioner shall execute a bond for a sum of Rs.10,000/- with any two sureties to the like sum each".

For Petitioner : Mr.N.Nishar Ahamed For Respondent : Mr.C.Iyyapparaj Additional Public Prosecutor

O R D E R

The petitioner, who had been arrayed as an accused, has been granted bail by the learned IV Metropolitan Magistrate, Saidapet, Chennai on 16.09.2019 in Crl.M.P.No.6420 of 2019 for the offences under Sections 3(2)a, 4(1), 5(1)(a), 6(1) and 7(1) of I.T.P. Act on certain conditions. Seeking to modify the same, the present petition has been filed.

2. It is now a settled law that when a Court considers a statutory bail, onerous condition cannot be imposed and the Court has to satisfy itself with the only requirement as to whether the accused persons are prepared to furnish bail. Useful reference can be made to the Judgement of this Court in 2019 1 LW(Crl.) 387 in the case of Umadevi Vs. The State Rep. by the Inspector of Police, EOW II, Coimbatore. Therefore, the condition imposed by the Court below requires interference and https://hcservices.ecourts.gov.in/hcservices/

since the petitioner is not in a position to comply with the said condition, he is not able to come out on bail till today.

3. In the result, the condition imposed by the Court below directing the petitioner to execute a bond for a sum of Rs.10,000/- with two sureties to the like sum each and one of the surety must be his blood relative or his wife is modified to the effect that the petitioner shall execute a bond for a sum of Rs.10,000/- with two sureties each for a like sum.

4. All other observations made in the earlier order dated 16.09.2019 in Crl.M.P.No.6420 of 2019 shall remain intact.

5. Accordingly, this Criminal Original Petition stands ordered.

hvk Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar To

1. IV Metropolitan Magistrate, Saidapet, Chennai.

2. The Inspector of Police, AVS Police Station, Chennai.

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

+1cc to Mr.N.Nishar Ahmed, Advocate, SR.No.83733 Crl.O.P.No.26070 of 2019 Kak(30/09/2019) https://hcservices.ecourts.gov.in/hcservices/