Thameem Ansari v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/02/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD). No.1242 of 2021 Thameem Ansari, S/o. Sagupar Sathik, 21-49, Tattanthoppu, Keelakarai, Ramanathapuram District..
... Petitioner/Accused No-5 Vs State Through The Inspector of Police, Keelakarai Police Station, Ramanathapuram District.
(Cr.No.76 of 2019).
... Respondent/Complainant For Petitioner : M/s.Balamurugapandi.D, Advocate.
For Respondent : Mr.M.V.Chandrasekaran, Government Advocate (Crl.Side) PETITION FOR MODIFICATION Under Sec.439(1)(b) r/w 482 of Cr.P.C. PRAYER :- To modify the condition imposed by Learned Judicial Magistrate No.1,Ramanathapuram,in Cr.MP.No.1373 of 2020 dt.16.10.2020 as to modify the condition from Blood Sureties to any sureties,and pass such further or other orders.
ORDER : The Court made the following order :- This petition has been filed to modify the condition imposed by the condition imposed by the learned Judicial Magistrate No.I, Ramanathapuram in Cr.M.P.No.1373 of 2020 dated 16.10.2020 directing the petitioner to execute a bond for a sum of Rs.10,000/- each with two sureties for a like sum to the satisfaction of the Court. One of the surety must be a blood relative of the accused.
2. The learned counsel for the petitioner would submit that though the petitioner is a resident of Ramnad and got mother and brother they are unable to stand as sureties since they do not have any properties. He would also submit that though bail was granted https://hcservices.ecourts.gov.in/hcservices/
to the petitioner on 16.10.2020 due to non availability of blood relatives with properties he is in jail, hence he seeks modification of the said condition alone.
3. Taking into consideration the submission made by the learned counsel for the petitioner, the condition imposed by the learned Judicial Magistrate No.I, Ramanathapuram in Cr.M.P.No.1373 of 2020 dated 16.10.2020 directing the petitioner to execute a bond for a sum of Rs.10,000/- each with two sureties for a like sum to the satisfaction of the Court, out of which one of the surety must be a blood relative of the accused 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 Judicial Magistrate No.I,Ramanathapuram. Further the brother or the mother of the petitioner shall file an affidavit before the concerned Court ensuring the presence of the petitioner in the above case.
All other conditions imposed in the order dated 16.10.2020 shall remain unaltered. Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) AAV Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy,shall be the responsibility of the advocate/litigant concerned.
1. The Superintendent,Central Prison, Madurai
2. The Inspector of Police, Keelakarai Police Station, Ramanathapuram District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy To:- The Judicial Magistrate No.I,Ramanathapuram
ORDER
IN CRL OP(MD) No.1242 of 2021 Date : 03/02/2021 https://hcservices.ecourts.gov.in/hcservices/ (SSS)CO AP(03/02/2021) 2P 5C