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Madras High CourtCRL OP/23783/2018modified

Jogindarnath Prathan v. Iop Uthukuli Ps Tiruppur

2018-10-09Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :09.10.2018

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.23783 of 2018 Jogindarnath Prathan ... Petitioner Vs.

State Represented by The Inspector of Police, Uthukuli Police Station, Tiruppur District.

(Crime No.245 of 2017) ... Respondent Criminal Original petition has been filed under Sections 439 (1) (b) of the Code of Criminal Procedure, to modify the order dated 14.09.2018 made in Crl.M.P.No.6776 of 2018, on the file of the Judicial Magistrate Court, Avinashi, Tiruppur District, to the effect that the sureties shall file the House Tax Receipt along with Solvency Certificates with two blood surety. Each to the satisfaction of the learned Judicial Magistrate, Avinashi, Tiruppur District.

For Petitioner : Mr.S.Parameswaran For Respondent : Mr.C.Iyyappa Raj Additional Public Prosecutor

O R D E R

This petition has been filed seeing for modification of the bail condition imposed in Crl.M.P.No.6776 of 2018 dated 14.09.2018 on the file of the Judicial Magistrate Court, Avinashi, Tiruppur District, to the effect that the sureties shall file the House Tax Receipt along with Solvency Certificates with two blood surety, each to the satisfaction of the learned Judicial Magistrate, Avinashi, Tiruppur District. 2.The learned counsel for the petitioner would submit that the lower Court, while granting bail to the petitioner, imposed a condition that the petitioner shall execute a bond for a sum of Rs.

50,000/- (Rupees Fifty Thousand Only) with two sureties of like sum and the sureties shall file the House Tax Receipt along with insolvency certificates with two blood surety; and the sureties shall file the House Tax Receipt along with solvency certificates with two blood surety and the accused shall appear and sign before the respondent police daily at 10.00 a.m., and 05.00 p.m., until further orders. Since, the petitioner could not furnish blood surety, he request to modify the condition as local surety.

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3.Heard both sides.

4.Considering the submission made by the learned counsel for the petitioner, the condition imposed on the petitioner by the Court below in Crl.M.P.No.6776 of 2018 vide order dated 14.09.2018, is modified to the effect that the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two local sureties for a like sum and the sureties shall file the House Tax Receipt along with solvency certificates with two local surety to the satisfaction of the learned Judicial Magistrate, Avinashi, Tiruppur District.

5.Accordingly, this Criminal Original Petition is allowed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar ub To 1.The learned Judicial Magistrate, Avinashi, Tiruppur District.

2.The Inspector of Police, Uthukuli Police Station, Tiruppur District.

3.The Public Prosecutor, Madras High Court.

+1cc to Mr.S.Parameswaran, Advocate, S.R.No.69464 Crl.O.P.No.23783 of 2018 rrs 10/10/2018 https://hcservices.ecourts.gov.in/hcservices/