Ashok Kumar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.11.2024

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Ashok Kumar ... Petitioner Vs.

The State Represented by Inspector of Police Dusi Police Station Tiruvannamalai District (Crime No.179 of 2024) ... Respondent Prayer: Criminal Original Petition filed under Section 483(1)(b) of BNSS, 2023, to set aside the order in Crl.M.P.No.5727 of 2024 dated 23.09.2024 and directing to modify the condition normal surety instead of a sum of Rs.50,000/- a valuable bond sureties in Crl.M.P.No.5401 of 2024 dated 11.09.2024, on the file of the learned Judicial Magistrate, Cheyyar, Tiruvannamalai District.

For Petitioner : Mr.T.Balachandran For Respondent : Mr.S.Santhosh Government Advocate (Crl. Side) 1/4

ORDER

This petition is filed to set aside the order passed in Crl.M.P.No.5727 of 2024 dated 23.09.2024 and also for a direction to modify the condition to normal surety instead of depositing a sum of Rs.50,000/- a valuable bond sureties in Crl.M.P.No.5401 of 2024, dated 11.09.2024 on the file of the learned Judicial Magistrate, Cheyyar, Tiruvannamalai District.

2.Learned counsel for the petitioner would submit that the petitioner was arrested in Crime No.179 of 2024 on 14.05.2024. The petitioner has applied for bail U/s.167(2) Cr.P.C. and he was directed to be released on bail in Crl.M.P.No.5401 of 2024 on 11.09.2024. He further submitted that the Court, while granting bail to the petitioner, had imposed a condition that the petitioner shall execute a bond for a sum of Rs.50,000/- each with two sureties for a likesum, out of which one of the surety shall be a relative of the accused. The learned counsel further submitted that the petitioner is a native of Rajasthan and the petitioner's relatives are not ready to offer surety, and his friends residing in Tamil 2/4

Nadu are ready to stand as surety for him. He would submit that despite the bail being granted to the petitioner on 11.09.2024, the petitioner is unable to come out on bail due to the above condition. He would submit that the petitioner is ready to abide by the other conditions imposed by the Court.

3.In view of the above, the condition that 'one of the surety shall be a relative of the accused' is hereby deleted. The other conditions imposed by the learned Judicial Magistrate, Cheyyar, Tiruvannamalai, vide order dated 11.009.2024 in Crl.M.P.No.5401 of 2024 shall stand unaltered.

21.11.2024 kas 1.Inspector of Police Dusi Police Station Tiruvannamalai District (Crime No.179 of 2024) 2.The Judicial Magistrate Cheyyar, Tiruvannamalai District.

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A.D.JAGADISH CHANDIRA, J.

kas 3.The Public Prosecutor High Court of Madras Chennai 600 104 21.11.2024 4/4