Dorr @ Ganesan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 05.12.2024

CORAM

THE HONOURABLE Mr. JUSTICE A.D.JAGADISH CHANDIRA Dorr @ Ganesan ....

Petitioner Vs State Rep. by Inspector of Police, Kitchipalayam Police Station, Salem District.

In Crime No.1068 of 2011 .....

Respondent Prayer: Criminal Original Petition is filed under Section 483 (1)(b) of of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to modify the condition that the petitioner is ordered to be released on bail on his executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate No.II, Salem in Crl.M.P.No.2683 of 2024 dated 17.10.2024 by the learned Principal Sessions Judge, Salem.

For Petitioner :

Mr.S.Veeraraghavan For Respondent :

Mr.S.Santhosh Government Advocate (Crl.Side)

ORDER

This Petition has been filed to modify the condition imposed on the petitioner in Crl.M.P.No.2683 of 2024 by an order dated 17.10.2024 passed by 1/4

the Principal Sessions Judge (i/c) I Additional Sessions Judge, Salem, directing the petitioner to execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Salem.

2. The learned counsel appearing for the petitioner would submit that the learned Principal Sessions Judge, (i/c) I Additional Sessions Judge, Salem, while granting bail to the petitioner, imposed a condition directing the petitioner to execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties and that the sureties should be the close relative of the petitioner. He would submit that the relatives do not own any property and thereby they are unable to execute the bond for a sum of Rs.25,000/-. He further submits that the Hon'ble Supreme Court of India, taking into consideration of the facts and circumstances of the case that the petitioner is in prison for more than 11 years, granted suspension of sentence. He would submit that unless the bond amount is modified, the petitioner will be unable to come out on bail.

3. Heard the learned counsel appearing on either side and perused the materials available on record.

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4. In view of the above, the condition imposed on the petitioner in Crl.M.P.No.2683 of 2024 by an order dated 17.10.2024 passed by the Principal Sessions Judge (i/c) I Additional Sessions Judge, Salem, is modified to the effect that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum, to the satisfaction of this Court. The other conditions shall remain unaltered.

5. With the above direction, this Criminal Original Petition stands ordered.

05.12.2024 Index : Yes/No Internet : Yes/No Lpp To 1.The Principal Sessions Judge, Salem.

2.The Inspector of Police, CCB - Avadi City, Avadi.

3.The Public Prosecutor, High Court, Madras.

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A.D.JAGADISH CHANDIRA, J, Lpp 05.12.2024 4/4