Madras High CourtCRL OP/30278/2019disposed of

G.Karthick v. The State Rep By

2019-11-13Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.11.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.No.30278 of 2019 G.Karthick

...Petitioner

Vs The State Rep. by The Inspector of Police, Pallikonda Police Station, Vellore District.

Crime No.319 of 2019

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to modify the condition by deleting the condition that "an independent surety for the said property in condition No.1 in CMP.No.8307 of 2019" and direct the concerned JM-V, Vellore not to insist the petitioner to produce solvency certificate for Rs.8,00,000/- in CMP.No.8307 of 2019 on the file of the Judicial Magistrate No.V, Vellore.

For Petitioner : Mr.B.Vasudevan For Respondent : Mr.C.Iyyapparaj Additional Public Prosecutor

O R D E R

Heard Mr.B.Vasudevan, learned counsel for the petitioner and Mr.C.Iyyapparaj, learned Additional Public Prosecutor appearing for the respondent.

2. The learned counsel for the petitioner submitted that when the petitioner had offered to execute a bond for Rs.8,00,000/- in compliance with the order dated 21.10.2019 passed in C.M.P.No.8307 of 2019, the learned Judicial Magistrate is insisting for production of a solvency certificate.

3. It is seen that the conditions imposed in the order dated 21.10.2019 was only for execution of a simple bond for Rs.8,00,000/- with an independent surety for the property and the production of solvency certificate has not been made a 1/2 https://hcservices.ecourts.gov.in/hcservices/

condition. Hence, it is hereby clarified that the condition No.1 in the order dated 21.10.2019 passed in C.M.P.No.8307 of 2019, will not required the petitioner to produce the solvency certificate.

4. All other observations made in the earlier order dated 21.10.2019 shall remain intact.

5. Accordingly, the Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Judicial Magistrate No.V, Vellore.

2. The Inspector of Police, Pallikonda Police Station, Vellore District.

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

+1 cc to M/s.B.Vasudevan,Advocate Sr.No. 93967 AKM/04.12.19/2P-5C / Crl.O.P.No.30278 of 2019 2/2 https://hcservices.ecourts.gov.in/hcservices/