Madras High CourtCRL OP(MD)/10496/2015ordered

A.Askar Batsha v. The Inspector Of Police

2015-06-12Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P(MD)No.10496 of 2015 A.Askar Batsha ... Petitioner/Accused Vs.

State rep. By its The Inspector of Police, Karur Town Police Station, Karur District.

(Crime No.216 of 2014) ... Respondent/Complainant Prayer:Criminal Original Petition filed under Section 439(i)(b) of Cr.P.C praying to set aside the order passed by the Vacation Sessions Judge, Karur in Crl.M.P.No.500 of 2015 dated 14.05.2015 and modify the condition imposed in the order dated 23.05.2014 passed in C.M.P.No.3769 of 2014 by the Judicial Magistrate No.I, Karur with respect of condition (b) on surety shall be blood related to the petitioner.

For Petitioner : Mr.P.Sivachandran For Respondent : Mr.K.V.Rajarajn Government Advocate(Crl.side)

O R D E R

This petition has been filed under Section 439(1)(B) of Cr.P.C to modify the condition imposed in the order dated 23.05.2014 passed in C.M.P.No.3769 of 2014 by the Judicial Magistrate No.I, Karur with respect of condition (b).

2.While granting bail to the petitioner, the lower Court imposed condition to furnish one surety shall be blood related to the petitioner.

3.The learned counsel for the petitioner submitted that the relatives of the petitioner does not own immovable property and due to the condition, the petitioner is not able to come out on bail though he was released in default of filing charge sheet under Section 167(2) Cr.P.C ON 23.05.2014. The learned counsel further submitted that the condition is onerous and prays for modification. The learned counsel further submitted that the relatives of the petitioner are ready to stand as a surety for this petitioner and the court may not insist solvency certificate. https://hcservices.ecourts.gov.in/hcservices/

4. Considering the facts and circumstances of the case, the condition is modified. The petitioner shall furnish two sureties of his blood relatives and the lower court shall not insist for solvency certificate. The other conditions shall stand unaltered. Accordingly, this petition is ordered.

Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar ses To, 1.The Sessions Judge, Karur.

2.The Judicial Magistrate No.I, Karur.

3.The Inspector of Police,Karur Town Police Station, Karur District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to MR.P.SIVACHANDRAN,ADVOCATE IN SR NO.30152 Crl.O.P.No.10496 of 2015 12.06.2015 RG.24.06.2015 2P/6C.

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