Rajesh v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.30151 of 2018 Rajesh ... Petitioner/Accused Vs.

State by The Inspector of Police, P.6 Kodungaiyur Police Station, Chennai.

... Respondent/Complainant Cr No.366/18 Criminal Original Petition filed under Section 439(1)(b) Cr.P.C. praying to modify the condition imposed by the learned V Metropolitan Magistrate, Egmore, Chennai in Crl.M.P.No.2551 of 2018 dated 31.05.2018 in so far as the condition that the accused shall furnish a family member as a surety, For Petitioner :

Mr.R.Rafi Babu For Respondent :

Mrs.M.Prabhavathi Additional Public Prosecutor

O R D E R

This petition has been filed for modification of the condition imposed by the learned V Metropolitan Magistrate, Egmore, Chennai in Crl.M.P.No.2551 of 2018 dated 31.05.2018.

2. The learned counsel for the petitioner would submit that since the petitioner has lost his contact with his family members as they have abandoned him. Therefore, he sought for modification of the said condition imposed by the learned V Metropolitan Magistrate, Egmore, Chennai.

3. The learned Additional Public Prosecutor would submit that the petitioner involved in huge and grave crime. Therefore, she sought for dismissal of this petition seeking modification.

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4. It is seen from the records that the petitioner has been granted statutory bail under section 167(2) Cr.P.C. and considering the facts and circumstances of the case, the learned Magistrate has directed to the petitioner to furnish a family member as one of the surety. Hence, this Court is not inclined to modify the said condition.

5. Accordingly, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar Jer To

1. The V Metropolitan Magistrate, Egmoe, Chennai.

2. - do - Throgh'The Chief Metropolitan Magistrate, Chennai.

3. The Inspector of Police, P.6 Kodungaiyur Police Station.

Chennai.

4.The Public Prosecutor, High Court of Madras, Chennai.

CRL.O.P.No.30151 of 2018 VGI(CO) GMY(05/02/2019) https://hcservices.ecourts.gov.in/hcservices/