Gowtham v. The State Rep By Its The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-09-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR GOWTHAM Petitioner(s) Vs THE STATE REP BY its The Inspector of Police H3 Tondiarpet Police Station, Chennai-600 081. Crime No.11 of 2021 Respondent(s) PRAYER This petition has been filed under Section 528 of Bharatiya Nagarik Sraksha Sanhita, 2023, seeking to modify the condition that the petitioner shall execute sureties has any one of his blood relatives or friends instead of the condition imposed 6th para in column (1) of the order that the petitioner each shall execute two sureties, one surety must be a Government servant for a sum of Rs.10,000/- each before the VI Additional District and Sessions Court, City Civil Court, Chennai in Crl M.P. No.8604 of 2025 dated 15.09.2025 in pending trial in S.C. 252 of 2021 on the file of the VI additional sessions judge, city civil court, Chennai.

For Petitioner(s):

Mr.K.Mohan Raj For Respondent(s):

Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to modify the condition imposed by the learned VI Additional District and Sessions Court, City Civil Court, Chennai, in Crl.M.P.No.8604 of 2025 dated 15.09.2025.

2. The learned counsel for the petitioner submitted that the petitioner is innocent and the Lower Court while granting bail to the petitioner imposed the condition that "the petitioner/A8 shall execute a bond of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties each for the same like sum to the satisfaction of this Court and out of two sureties, one of the surety must be his blood relative and other surety must be a Government Servant". He submits that the petitioner is the only son of his parents and his parents and relatives are not working either in the Central or state Government, hence he is unable to produce Government sureties and it is highly impossible for the petitioner to secure a Government servant as one of the sureties and therefore, prays that this condition may be modified.

3. Heard the learned Government Advocate (Criminal Side) appearing for the respondent police.

4.A perusal of the order passed by the learned Sessions Judge shows that he has insisted for production of one surety, who should be a blood relation of the petitioner and other surety must be a Government Servant. Considering the submission made by the learned counsel for the petitioner, the condition that one surety must be a Government servant is modified and the petitioner is directed to produce one of the sureties, who may be his blood relative or common surety. The other conditions will remain unaltered. 5.With the above observations, this Criminal Original Petition is Ordered. 25-09-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes Note: Issue order copy on 26.09.2025.

To 1.THE STATE REP BY its The Inspector of Police H3 Tondiarpet Police Station, Chennai600 081. Crime No.11 of 2021 2.The Public Prosecutor High Court of Madras.

K.RAJASEKAR J.

gbi 25-09-2025