Marimuthu @ Viji v. State By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-12-2024

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL MP NO. 18314 of 2024 in Crl.O.P.No.28323 of 2024 Marimuthu @ Viji S/o. Murugesan, Endapatti Village, Opp To Sugar Mill, Jarthahalli Post, Palacode Taluk, Dharmapuri District.

Petitioner(s) Vs State By Inspector Of Police Palacode Police Station, Dharmapuri District, Crime No.547 Of 2012 Respondent(s) For Petitioner(s):

D.Thirumoorthy D. Rameshkumar For Respondent(s):

Public Prosecutor

ORDER

This petition has been filed to modify the condition imposed in para 6, directing the petitioner should execute bond with 2 sureties out of which 1 surety should be a blood related surety passed in Crl.OP.No.28323 of 2024 dated 21.11.2024.

2.

Learned counsel appearing for the petitioner would submit that, this Court while granting bail to the petitioner imposed a condition that the petitioner shall execute a bond Rs.10,000/- with two sureties, each for a like sum to the satisfaction of the Fast Track Mahila Court, Dharmapuri and out of the two sureties, one should a blood relative of the petitioner. He also submitted that non of the blood relatives of the petitioner are ready to stood as surety. Despite the order granted on 21.11.2024, the petitioner is unable to execute surety, hence prays to modify the condition imposed on the petitioner with respect to execution of sureties.

3.

Learned Government Advocate (Crl. Side) submits that the case involves kidnapping and rape. The petitioner is facing trial in S.C.No.53 of 2014 pending on the file of the Fast Track Mahila Court, Dharmapuri District. He further submitted that if the petitioner is released on bail, there is a possibility of him absconding and not available for trial proceedings. He also submitted that the petitioner is a habitual offender, against whom, eight previous cases are pending.

4.

Considering the submissions of both sides, the condition in para 6 with respect of blood surety, imposed on the petitioner in Crl.O.P. No.28323 of 2024 on 21.11.2024, is modified to the effect that the petitioner shall execute a bond Rs.10,000/- with two sureties, each for a like sum to

the satisfaction of the learned Fast Track Mahila Court, Dharmapuri District. Out of which, one surety shall be a relative of the petitioner.

5. Accordingly, this criminal miscellaneous petition is ordered. 20-12-2024 av Note: Issue order copy on 20.12.2024.

To

1. State By Inspector Of Police Palacode Police Station, Dharmapuri District, Crime No.547 Of 2012

A.D. JAGADISH CHANDIRA, J.

av CRL MP NO. 18314 of 2024 in Crl.O.P.No.28323 of 2024 20.12.2024