Sumanta Singh v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 15.10.2024

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL CRL. OP.No.25278 of 2024 Sumanta Singh ... Petitioner Vs State Rep. by:

The Inspector of Police, PEW Triplicane Unit, Chennai.

[Cr. No.214 of 2024]

...Respondent

PRAYER: The Criminal Original Petition is filed under Section 528 of BNSS, praying to modify the Bail conditional order passed by Principal Special Judge under EC & NDPS Court, Chennai in Crl.M.P.No.9464 of 2024 dated 03.09.2024, in Crime No. 214 of 2024, on condition that one among sureties shall be a Government servant to the satisfaction of the Learned XIV Metropolitan Magistrate, Egmore on the file of the respondent police. For Petitioner : Mr. P.Sundararajan For Respondent : Mr. S. Santhosh Government Advocate [Criminal side] 1/4

ORDER

This petition has been filed seeking to modify the condition imposed in the order dated 03.09.2024 in Crl.M.P.No.9464 of 2024 passed by the learned Principal Special Judge under EC & NDPS Court, Chennai.

2. Learned counsel appearing for the petitioner would contend that petitioner was granted bail by the Special Court for EC/NDPS Act, Chennai, on condition that one among sureties shall be a Government servant to the satisfaction of the Learned XIV Metropolitan Magistrate, Egmore. It is further contended that petitioner was unable to produce the surety. Therefore, the learned counsel prays to modify the condition imposed by the learned Principal Special Judge under EC & NDPS Court, Chennai, in Crl.MP.No.9464 of 2024 order dated 03.09.2024.

3. Learned Government Advocate (Criminal side) appearing for the respondent police has no serious objection in modifying the condition.

4. Considering the submissions putforth on either side and considering 2/4

the fact that the condition passed by the trial court that, one among sureties shall be a Government servant to the satisfaction of the Learned XIV Metropolitan Magistrate, Egmore, is an onerous condition, this court is inclined to modify the condition to the effect that "petitioner shall execute a bond for Rs.10,000/- along with two sureties of a like sum each to the satisfaction of the Learned XIV Metropolitan Magistrate, Egmore." The other conditions imposed in the order dated 03.09.2024 in Crl.MP.No.9464 of 2024 shall remain unaltered.

Accordingly, the condition is modified.

15.10.2024 Index: Yes/No Internet: Yes/No Speaking/Non Speaking order dsn 3/4

P.DHANABAL ,J dsn To 1.The XIV Metropolitan Magistrate, Egmore, Chennai.

2.The Inspector of Police, PEW Triplicane Unit, Chennai.

3.The Public Prosecutor, High Court, Madras.

CRL. O.P. No.25278 of 2024 15.10.2024 4/4