Sakthivel v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.12.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Sakthivel

...Petitioner

Vs.

State rep by:- The Inspector of Police, All Women Police Station,Thiruvarur (Crime No.24 of 2022)

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., pleased to modify the conditions that (i) the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for like sum to the satisfaction of this Court and one of surety shall be a blood relative of the petitioner; (ii) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond with Aadhar Card or Bank Pass Book to ensure their identity imposed by the learned Principal District and Sessions Judge, Fast Track, Mahila Court, Thiruvarur in Crl.M.P.No.289 of 2023 in Spl.S.C.No.72 of 2022 dated 18.08.2023.

For Petitioner : Mr.T.Saravanan For Respondent : Mr.R.Vinoth Raja, Government Advocate (Crl.Side) ***********

O R D E R

This petition has been filed seeking modification of the condition imposed while granting bail in Crl.M.P.No.289 of 2023 by the learned Sessions Judge / Fast Track Mahila Court, Tiruvarur by an order dated 18.08.2023, whereby, it had been directed that the petitioner should execute a bond for a sum of Rs.25,000/- and also produce two sureties each for the likesum to the satisfaction of the concerned Magistrate and one of the surety shall be a blood relative of the petitioner.

2. The case of the prosecution is that the petitioner/accused in Crime No.24 of 2022 registered under Sections 6, 5(n), 5(1) Protection of Children from Sexual offences Act r/w 6, 5(n), 5(1), 5(m), 10, 9(1), 9(n), 9(m), 12, 11(3) of Protection of Children from Sexual offences Act and the petitioner had been remanded to custody from 21.08.2022.

3. It is also seen that though the order granting bail was passed more than a year back the same is still pending, owing to non-production of surety and he is not able to any blood surety.

4.Taking into consideration that the nature of the offence, no relative has come forward to give surety to the petitioner herein.

5. Taking all the facts and circumstances of the case, the condition is modified, retaining two sureties for a likesum and deleting the condition that one of the surety should be a blood relative. But however the sureties should be tested by the learned Sessions Judge before accepting them.

6. To produce the sureties, time is extended till 22.12.2023.

7. Accordingly, this petition is ordered.

07.12.2023 nvi To 1.The Inspector of Police, All Women Police Station,Thiruvarur

2. The Sessions Judge / Fast Track Mahila Court, Tiruvarur.

3. The Public Prosecutor, High Court, Madras.

C.V.KARTHIKEYAN,J., nvi 07.12.2023