A.Satheeshkumar v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.12.2018

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.28752 of 2018 A.Satheeshkumar ... Petitioner /Vs/ State rep by The Inspector of Police, Negamam Police Station, Coimbatore District.

(Crime No.136 of 2018) ... Respondent Prayer:

Criminal Original Petition filed under section 439 (1) (b) of Cr.P.C., to modify the condition of the learned Judicial Magistrate No.II of Pollachi, order made in C.M.P.No.5597 of 2018, dated 24.07.2018 "directed the petitioner to executing bond for Rs.10,000/- along with two sureties for the like sum not below the rank of Thasildar and upon condition". For Petitioner : Mr.W.Camyles Gandhi For respondent : Mrs. M.Prabhavathi Additional Public Prosecutor * * * * *

O R D E R

This petition has been filed by the petitioner to modify the condition imposed by the learned Judicial Magistrate No.II, Pollachi order dated 24.07.2018 in C.M.P.No.5597 of 2018.

2. The learned Judicial Magistrate No.II, Pollachi while granting bail to the petitioner has imposed the following conditions:- " this court is directed the petitioner to executing bond for Rs.10,000/- along with two sureties for the like sum not below the rank of Thasildar and upon condition the he shall appear and sign before the respondent police on daily twice at 10.00 a.m., and 5.00 p.m., until further orders." https://hcservices.ecourts.gov.in/hcservices/

3. The learned counsel for the petitioner would submit that the petitioner is unable to execute two sureties not below the rank of thasildar, due to which he is inside the prison for the past 5 months, hence, he seeks for modification of the said condition.

4. Considering the facts and circumstances of the case, this court is inclined to modify the said condition to the effect that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two blood sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of this Court concerned. It is made clear that excepting the said modification in the blood sureties, in all other respects, the order dated 24.07.2018 shall remain unaltered.

5. This Criminal Original Petition is ordered accordingly. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar kv To

1. The Judicial Magistrate No.II of Pollachi.

2. The Inspector of Police, Negamam Police Station, Coimbatore District.

3. The Public Prosecutor, High Court of Madras.

+1cc to Mr.W.Camyles Gandhi, Advocate, S.R.No.84919 Crl.O.P.No.28752 of 2018 VSNII(Co) CS/12/12/2018 https://hcservices.ecourts.gov.in/hcservices/