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Madras High CourtCRL OP(MD)/5903/2019ordered

Murugesan, v. The Inspector Of Police

2019-04-24Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2019

CORAM

THE HONOURABLE Mr.JUSTICE M.DHANDAPANI Crl.O.P.No.5903 of 2019 1.Murugesan 2.Kaliraj @ Gowtham .. Petitioners/A2 & A3 Vs State Repby The Inspector of Police, Dindigul Town North Police Station, Dindigul.

(Crime No.881 of 2018) .. Respondent/Complainant Prayer: Criminal Original Petition filed under Section 439(i) (b) of Cr.P.C., to modify the condition imposed in Crl.M.P(MD)No.720 of 2019 dated 27.03.2019 on the file of learned Principal Sessions Judge, Dindigul for executing their own bond for a sum of Rs.10,000/-with two sureties each of a whom one should be a blood relative for a like some each to the satisfaction of the learned Judicial Magistrate,No.II, Dindigul.

For Petitioners : Mr.P.R.Poomirajan For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

O R D E R

This petition has been filed to modify the condition imposed in Crl.M.P(MD)No.720 of 2019 dated 27.03.2019 on the file of learned Principal Sessions Judge, Dindigul for executing their own bond for a sum of Rs.10,000/-with two sureties each of a whom one should be a blood relative for a like some each to the satisfaction of the learned Judicial Magistrate,No.II, Dindigul.

2.The petitioners was enlarged on bail in Crl.M.P(MD)No.720 of 2019 dated 27.03.2019 on the file of learned Principal Sessions Judge, Dindigul, on certain conditions, one of which is follows: "[1] The petitioners/accused 1 to 3, 4 and 6 are ordered to be released on bail on executing their own bond for a sum of Rs.10,000/- with two sureties each, of whom one should be a blood relatives, for a like sum each to the satisfaction of the learned Judicial Magistrate, No.II, Dindigul."

3.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) appearing for the respondent. https://hcservices.ecourts.gov.in/hcservices/ 4.Learned counsel for the petitioners submitted that neither

the petitioners nor any of his blood relatives have properties. While so, the petitioners did not able to produce the blood relatives' sureties before the trial Court. Hence, they prayed this Court for a direction to the concerned Court, to accept the petitioners' common sureties themselves.

5.It is seen that the petitioners were granted bail on 27.03.2019, they were not able to enjoy the fruits of the bail order. Accepting the submission, the aforesaid condition is modified to the effect that instead of "blood relative", "any relative or friend can stand as surety". Rest of the conditions shall remain the same.

6.With the above modification, this petition is ordered accordingly.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) TO

1. The Principal Sessions Judge, Dindigul.

2. The Judicial Magistrate, No.II, Dindigul.

3. The Inspector of Police, Dindigul Town North Police Station, Dindigul.

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

+1 CC to M/s.PR.BOOMEE RAJAN, Advocate ( SR-7134[I] )dated 24/04/2019 ) Crl.O.P.No.5903 of 2019 24.04.2019 DS/ /SAR- (26.04.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/