Ganapathy v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2018

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.29842 of 2018 Ganapathy ... Petitioner /Vs/ State rep by The Inspector of Police, Pallikaranai Police Station, (Crime No.2911 of 2017) ... Respondent Prayer: Criminal Original Petition filed under section 439 (1) (b) of Cr.P.C., to modify the condition imposed on the petitioner herein by the learned Judicial Magistrate, Alandur in Crl.M.P.No.7394 of 2017 that the petitioner is released on bail on executing a bond for a sum of Rs.10,000/- with two sureties for the like sum out of which one surety must be close relatives. For Petitioner : Mr.P.Thiyagaraj 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, Alandur order dated 28.12.2017 in Crl.M.P.No.7394 of 2017.

2. The learned counsel for the petitioner would submit that the petitioner is unable to execute two sureties out of which, one must be close relatives, each for a like sum to the satisfaction of the learned Judicial Magistrate, Alandur due to which he is inside the prison for the past 10 months, hence, he seeks for modification of the said condition.

3. 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 sureties each https://hcservices.ecourts.gov.in/hcservices/

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 sureties, in all other respects, the order dated 28.12.2017 shall remain unaltered.

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

1. The Judicial Magistrate, Alandur.

2. do through The Chief Judicial Magistrate, Chengalpet.

3. The Inspector of Police, Pallikaranai Police Station,

4. The Public Prosecutor, High Court of Madras.

+2 cc to Mr.P.Thiyagaraj, Advocate Sr.No.336 Crl.O.P.No.29842 of 2018 SKV(CO) CSL/03.01.2019 https://hcservices.ecourts.gov.in/hcservices/