Sidharth Kumar Roy @ Sudharth v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2022

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Sidharth Kumar Roy @ Sudharth ... Petitioner Vs.

The State Rep. by The Inspector of Police, Sunguvarchatram Police Station, Kanchipuram District.

Crime No.462/2022.

... Respondent PRAYER: Criminal Original Petition filed under Section 439(1)(b) of Cr.P.C., pleased to modify the condition to execute a Government Surety imposed on the petitioner passed by the learned Special Court for EC and NDPS Act Cases, Chennai made in Crl.M.P.No.4831 of 2022 dated 11.10.2022.

For Petitioner : Mr.A.R.Suresh For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to modify the condition 1/4

condition to execute a Government Surety imposed on the petitioner passed by the learned Special Court for EC and NDPS Act Cases, Chennai made in Crl.M.P.No.4831 of 2022 dated 11.10.2022.

2.The learned counsel for the petitioner submitted that the petitioner was granted bail by the learned Special Court for EC and NDPS Act Cases, Chennai in Crl.M.P.No.4831 of 2022 on 11.10.2022. One of the condition imposed was as follows :

"that he shall execute a bond for Rs.10,000/- and with a like sum, two acceptable and reliable sureties, one of them shall be Government servant to the satisfaction of the learned Judicial Magistrate, Sriperumbudur."

3.The learned counsel for the petitioner would further submit that the petitioner attempted to get a Government Surety and he is unable to get a Government Surety and he is in custody from 24.08.2022. Despite the bail being granted to the petitioner on 11.10.2022, the petitioner is unable to come out of bail. Hence, he seeks for modification of the condition. 2/4

4.In view of the above submissions, the condition imposed by the Trial Court is modified as follows :- "that he shall execute a bond for Rs.10,000/- and with a like sum, two acceptable and reliable sureties, to the satisfaction of the learned Judicial Magistrate, Sriperumbudur."

5.Accordingly, this Criminal Original petition is ordered and the other conditions imposed shall remain unaltered. 22.12.2022 Speaking Order/Non-speaking Order Index :Yes/No sp To 1.The Special Court for EC and NDPS Act Cases, Chennai. 2.The Inspector of Police, Sunguvarchatram Police Station, Kanchipuram District.

3.The Public Prosecutor, High Court of Madras. 3/4

T.V.THAMILSELVI,J.

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