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Madras High CourtCRL MP(MD)/76/2024modified

Sam @ Shyam @ Shyam Benjamin v. The Inspector Of Police

2024-01-05Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI IN CRL OP(MD) No.20001 of 2023 (*)SAM BENJAMIN @SAM @ SHYAM @ SHYAM BENJAMIN ... PETITIONER/SOLE ACCUSED (*)Amended as per order of the court dated 05.01.2024 in Crl.MP(MD)No.74/2024 in Crl OP(MD)No. 20001/23 by MDIJ Vs 1 THE INSPECTOR OF POLICE KOODANKULAM POLICE STATION, TIRUNELVELI DISTRICT.

IN CRIME NO.326/2017, ...RESPONDENT/COMPLAINANT 2 SAIPRABA ... 2nd RESPONDENT/VICTIM Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Modify one the the condition to execute two sureties for a sum of Rs.10,000/- subject to the satisfaction of the Learned Sessions Judge, Special Court for POCSO Act Cases, Tirunelveli instead of to execute a own bond for a sum of Rs.10,000/- in Crl OP(MD) No. 20001 /2023 dated 06.12.2023.

Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of MR.C. SUSIKUMAR, Advocate for the petitioner and of MR.SS.MADHAVAN, Government Advocate (Criminal Side) on behalf of the 1st Respondent, the court made the following order:- 1/3

This petition is filed to modify the condition to execute sureties for a sum of Rs.10,000/- subject to the satisfaction of the learned Sessions Judge, Special Court for POCSO Act Cases, Tirunelveli instead of to execute a own bond for a sum of Rs.10,000/-, which was imposed by this Court vide order in Crl.O.P.(MD)No.20001 of 2023 dated 06.12.2023.

2.The learned counsel appearing for the petitioner would submit that the learned trial Judge has not accepted the own bond and hence, he prayed for modification of the above said condition.

3.Considering the submission made by the learned counsel appearing for the petitioner, the condition already imposed by this Court is 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 a like sum to the satisfaction of the learned Sessions Judge, Special Court for POCSO Act Cases, Tirunelveli. Further, two weeks time is extended to execute the sureties before the trial Court. sd/- 05/01/2024 / TRUE COPY / 08/01/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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GNS TO THE SESSIONS JUDGE, SPECIAL COURT FOR POCSO CASES, TIRUNELVELI.

THE INSPECTOR OF POLICE KOODANKULAM POLICE STATION, TIRUNELVELI DISTRICT.

THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN IN CRL OP(MD) No.20001 of 2023 Date :05/01/2024 PKP/SAR- /08.01.2024/ 3P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3