Ajith @ Gunanithi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2024

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Ajith @ Gunanithi ... Petitioner Vs.

State rep by The Inspector of Police, K-1, Sembium Police Station Chennai.

..Respondent Prayer: Criminal Original Petition filed under Section 439 (1)(b) BNSS praying to modify the condition that the petitioner/accused is ordered to be released on bail, on executing a bond of Rs.25,000/- (Rupees twenty five thousand only) with two sureties for a like sum each to the satisfaction of the learned V Metropolitan Magistrate, Egmore. One surety should be having immovable property in Tamilnadu standing in his own name supported with tile documents and property tax receipt and another surety should be a Government Servant; imposed by the Hon'ble Principal Special Court under EC & NDPS Act Chennai, in Crl.M.P.No.13708 of 2024 by order dated 09.12.2024. 1/4

For Petitioner : Mr.D.Sugumar For Respondent : Mr.S.Santhosh Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to modify the condition imposed in Crl.M.P.No.13708 of 2024 on the file of the learned Principal Special Court under EC & NDPS Act, Chennai by its order dated 09.12.2024.

2. The learned counsel for the petitioner would submit that the learned Principal Special Court under EC & NDPS Act, Chennai while enlarging the petitioner on bail had directed the petitioner to execute a bond for a sum of Rs.25,000/- with two sureties each for a like sum to the satisfaction of the learned V Metropolitan Magistrate, Egmore and one surety should be having immovable property in Tamilnadu standing in his own name supported with tile documents and property tax receipt and another surety should be a Government servant; and the petitioner seeks modification of the condition imposed in Crl.M.P.No.13708 of 2024.

3. Considering that the petition for modification has been filed directly before this Court, without seeking for modification before the Court concerned, 2/4

this Court is not inclined to modify the condition imposed by the Court below. Hence, this Criminal Original Petition is dismissed. However, the petitioner is at liberty to approach the Court concerned.

19.12.2024 Speaking Order/Non-speaking Order Index :Yes/No dpa/vsn To

1. The Principal Special Court under EC & NDPS Act Chennai 2.The Inspector of Police, K-1, Sembium Police Station Chennai.

3.The Public Prosecutor, High Court, Madras.

3/4

A.D.JAGADISH CHANDIRA, J.

dpa/vsn 19.12.2024 4/4