Nirakar Malik v. L.S.Arul

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.10.2019

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.26666 of 2019 Nirakar Malik

...Petitioner

Vs.

L.S.Arul

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. to set aside the conditional order dated 04.09.2019 made in Crl.M.P.No.6837 of 2019 in S.T.C.No.121 of 2019 on the file of the Judicial Magistrate (Fast Track Court No.II), Erode. For Petitioner : Mr.M.Guruprasad

O R D E R

The petitioner, who had been arrayed as an accused in S.T.C.No.121 of 2019, was granted bail on certain conditions by the learned Judicial Magistrate (Fast Track Court No.II), Erode, on 04.09.2019 in Crl.M.P.No.6837 of 2019. Seeking to set aside the same, the present petition had been filed.

2. The learned counsel for the petitioner submitted that the petitioner will co-operate for the early disposal of the complaint and will appear before the Court below during all the hearing dates, as and when required.

3. Taking into consideration the facts and circumstances of the case, this Court is of the considered view that the Court below ought not to have imposed such onerous conditions and accordingly, all the conditions in the order of the Trial Court in Crl.M.P.No.6837 of 2019, dated 04.09.2019, shall stand modified to read as follows:

"the accused shall be ordered to be released on bail, on condition that that the petitioner furnishes two independent sureties for a sum of Rs.10,000/- each to the satisfaction of the learned Judicial Magistrate (FTC-II), Erode and he shall report before the trial https://hcservices.ecourts.gov.in/hcservices/

Court daily at 10.30 AM for a period of 30 days and thereafter, as and when required."

All other observations made in the earlier order dated 04.09.2019 in Crl.M.P.No.6837 of 2019 shall remain intact.

4. This Criminal Original Petition stands ordered accordingly.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar To

1. The Judicial Magistrate, Fast Track Court No.II, Erode.

2. The Public Prosecutor, High Court of Madras.

3.Through The Chief Judicial Magistrate Erode +1 cc to Mr.M.Guruprasad Advocate sr84285 Crl.O.P.No.26666 of 2019 spd(co) aa03/10/2019 https://hcservices.ecourts.gov.in/hcservices/