Neelakandan v. State Represented By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.12.2024

CORAM

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

The State represented by The Inspector of Police, District Crime Branch, Vellore, Vellore District.

Crime No.5 of 2024 ... Respondent PRAYER: Criminal Original Petition filed under Section 483(1)(c) of BNSS,, praying to modify the bail conditions imposed on the petitioner in Crl.M.P.No.12575 of 2024 dated 16.11.2024 passed by the learned Judicial Magistrate No.III, Vellore, Vellore District. For Petitioner : Mr.C.Suresh Kannan For Respondent : Mr.S.Santhosh Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to modify the 1/6

conditions imposed on the petitioner in Crl.M.P.No.12575 of 2024 on the file of the learned Judicial Magistrate No.III, Vellore, by its order dated 16.11.2024.

2. Learned counsel for the petitioner submitted that the petitioner was arrested and remanded to judicial custody on 25.09.2024 for the offences under Section 420 of IPC in Crime No.05 of 2024 and later, he was granted bail by the learned Judicial Magistrate No.III, Vellore in Crl.M.P.No.12575 of 2024 on 16.11.2024 with a condition to execute a bond for a sum of Rs.25,000/- with two sureties, out of which, one surety shall be a blood relative of the petitioner and the sureties shall produce the solvency certiciate obtained from the jurisdictional Tahsildar. He further submitted that the petitioner is a single child of his parents and they does not own any property and thereby, they are unable to produce the sureties He also submitted that some other persons are ready to offer surety for him and they also does not have valuable properties. Despite the bail being granted on 16.11.2024, the petitioner is still languishing in jail. Hence, he seeks for modification of the condition.

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3. The learned Government Advocate (crl.side) submitted that the investigation has been completed and final report has been filed before the learned Judicial Magistrate No.III, Vellore and the date of hearing is today i.e., 03.12.2024.

4.Heard the learned counsel for the petitioner as well as the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.

5. Considering the submissions made by the learned counsel on both sides and the period of incarceration undergone by the petitioner, this Court is inclined to modify the following conditions imposed on the petitioner by the learned Judicial Magistrate No.III, Vellore in Crl.M.P.No.12575 of 2024 dated 16.11.2024:

(i) the petitioner is ordered to be released on bail on execution of bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties.

(ii) The petitioner shall appear before the learned 3/6

Judicial Magistrate No.III, on all working days at 10.30 a.m., for a period of one week and thereafter, on the date to be fixed by the learned Magistrate.

6. The other conditions shall remain intact. Accordingly, this Criminal Original petition is ordered.

03.12.2024 vkr To 1.The Judicial Magistrate No.III, Vellore.

2.The Inspector of Police, District Crime Branch, Vellore, Vellore District.

3.The Public Prosecutor, High Court of Madras. 4/6

A.D.JAGADISH CHANDIRA.J., Vkr 5/6

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