Madras High CourtCRL MP(MD)/2347/2018ordered

R.Vaithiyanathan v. The Inspector Of Police

2018-03-28Honourable Mr Justice R. Pongiappan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of March Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL MP(MD) No.2347 of 2018 IN CRL OP(MD) No.2070 of 2018 R.VAITHIYANATHAN ... PETITIONER/PETITIONER Vs THE STATE REP.BY, THE INSPECTOR OF POLICE ILAYANKUDI POLICE STATION, SIVAGANGAI DISTRICT, CRIME NO.334 OF 2017 ... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to modify the condition imposed by this Honourable Court in Crl.O.P. (MD).No. 2070 of 2018 dated 09.02.2018 Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.K.ARUNRAJ, Advocate for the petitioner and of MR.A.ROBINSON, Government Advocate (Crl.side) on behalf of the Respondent the court made the following order:- This petition has been filed to relax the condition imposed in Crl.O.P.(MD)No.2070 of 2018, dated 09.02.2018.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal side) appearing for the respondent and perused the records.

3. The submissions made by the learned counsel appearing for either side are considered. This application has been filed to modify the condition which was imposed at the time of granting anticipatory bail to this petitioner in Crl.O.P.(MD).No.2070 of 2018 dated 09.02.2018. At the time of passing the earlier order, the address of the petitioner mentioning in the application had created a doubt as to the fact that the petitioner is having the permanent residence or not. Because of that reason only, this Court directed the petitioner to produce one surety who will be the Government servant for executing the bail bond. Now, by way of this application, today, the petitioner produced Ration Card, Aadhar Card and Family Card of the petitioner. Perusal of all the three documents reflects that the petitioner is residing in Keelakalkondan https://hcservices.ecourts.gov.in/hcservices/

Kottai, Trichy. Thereby, there is no need to compel the petitioner for producing the surety of a Government servant. Hence, the condition imposed by this Court in Crl.O.P.(MD).No.2070 of 2018 dated 09.02.2018 is modified as follows:

"the petitioner shall execute a bond for a sum of Rs.25,000/- with two sureties, each for a like sum to the satisfaction of the respondent police or to the police officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned". 4.Further the time for executing the sureties is extended for a period of two weeks from the date of receipt of a copy of this order.

5. Accordingly, this petition is ordered.

sd/- 28/03/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ILLAYANKUDI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTATE, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE ILAYANKUDI POLICE STATION, SIVAGANGAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to M/S.K.ARUNRAJ Advocate SR.No.4997

ORDER

IN CRL MP(MD) No.2347 of 2018 IN CRL OP(MD) No.2070 of 2018 Date :28/03/2018 MKV-CM-VR-SAR 1/4.4.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/