Sigurupalli Jeevan v. Iop Avs-1 Chintadripet Ps Ch

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.10.2018

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI CRL. O.P.No.23964 of 2018 Sigurupalli Jeevan ... Petitioner Vs.

The State rep by The Inspector of Police AVS-I, Chintadripet Police Station, Chennai, (AVS Crime No.102 of 2018) ... Respondent Criminal Original petition has been filed under Sections 439(1) (b) of the Code of Criminal Procedure, to modify the order that the petitioner is execute one of the surety must be his blood relative or his wife as to execute a local surety in Crl.M.P.No.1657 of 2018 dated 18.09.2018 on the file of the IV Metropolitan Magistrate, Saidapet, Chennnai.

For Petitioner : Mr.D.Magesh For Respondent : Mr.C.Iyyappa Raj Additional Public Prosecutor

O R D E R

This Criminal Original petition has been filed prayer for modification of the bail condition imposed in C.M.P.No.1657 of 2018 dated 18.09.2018 on the file of the IV Metropolitan Magistrate, Saidapet, Chennai.

2.The learned counsel for the petitioner would submit that the lower Court, while granting bail to the petitioner, imposed the condition on the petitioner to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of like sum, of which one shall be blood surety or his wife. Now, it is submitted by the learned counsel for the petitioner that the petitioner is not in a position to secure either blood related surety or his wife. Hence, he sought for suitable modification of the above said condition.

3.Heard both sides.

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4.Considering the submission made by the learned counsel for the petitioner, the condition imposed on the petitioner by the Court below in C.M.P.No.1657 of 2018 vide order dated 18.09.2018, is hereby 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 like sum, of which one should be a local surety, to the satisfaction of the learned IV Metropolitan Magistrate, Saidapet, Chennai. 5.Accordingly, this Criminal Original Petition is allowed. gmd/uma Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar To 1.The IV Metropolitan Magistrate, Saidapet, Chennnai.

2.The Inspector of Police AVS-I, Chintadripet Police Station, Chennai.

3.The Public Prosecutor, Madras High Court.

+1cc to Mr.D.Magesh, Advocate S.R.No.70371 KR/25/10/18 CRL.O.P.No.23964 of 2018 https://hcservices.ecourts.gov.in/hcservices/