Manikandan, S/O. Tamilventhan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Criminal Jurisdiction ) Date : 27/06/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). Nos.8921 and 8922 of 2019 Manikandan, S/o. Tamilventhan, Panagarai, Pathur, Kuradacheri, Kudavasal, Thiruvarur Now at Vedampa Nagar, Erode Road, Karur.

... Petitioner/Accused in both Crl.O.P(MD)s Vs The Inspector of Police, Thiruverambur Police Station, Trichy District.

... Respondent/Complainant in both Crl.O.P(MD)s For Petitioner : M/s. M. Suresh, Advocate(in both Crl.O.P(MD)s) For Respondent : M.Anantha Devi, Govt.Advocate (Crl.Side).

(in both Crl.O.P(MD)s) PETITIONS FOR MODIFICATIONS Under Sec.439(i)(b) of Cr.P.C. PRAYER :- This Petitions filed under Section 439(i)(b) of Cr.P.C to pass an order for setting aside the order made in Cr.M.P.No.1602/2019 and 1603 /2019 on the file of the Principal Sessions Judge, Trichy dated 28/03/2019 with a condition that he has execute the bond of Rs.10,000/- and on executing two official sureties for a sum of Rs.50,000/- with solvency certificate. COMMON ORDER : The Court Made the following order :- These petitions have been filed by the petitioner to set aside the order passed by the learned Sessions Judge, Trichy, dated 28.03.2019.

2.The learned counsel for the petitioner has submitted that this petitioner was granted bail in both cases by the learned Principal Sessions, Trichy on 28.03.2019 on condition that the petitioner is ordered to be released on bail on his executing a bond for Rs.10,000/- and on executing two official sureties for a sum of Rs.50,000/- with solvency certificate to the satisfaction of the learned Judicial Magistrate No.VI, Trichy. He further submitted that the petitioner though the petitioner was granted bail on 28.03.2019, he is still in custody. He further submitted that the petitioner is unable to arrange official sureties and no officer has come https://hcservices.ecourts.gov.in/hcservices/

forward for giving surety for him. He further submitted that only his father is alive and there is no other relative for and hence he prays to modify the aforesaid condition and permit the petitioner to furnish one blood surety and another surety from third parties.

3. Heard the learned Additional Public Prosecutor.

4. Taking into consideration the facts and circumstances of the case and also considering the fact that the petitioner is in custody from 11.01.2019, the condition imposed by the learned Principal Sessions Judge, Trichy is modified to the effect that the petitioner in both cases is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties, of whom, one should be a blood related surety, each for a like sum to the satisfaction of the learned Judicial Magistrate No.VI, Trichy. All other conditions in the said order shall remain unaltered.

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

1. The Principal Sessions Judge, Trichy.

2. Do-Through The Chief Judicial Magistrate, Trichy District.

3.The Judicial Magistrate No.VI, Trichy

4. The Inspector of Police, Thiruverambur Police Station, Trichy District, Crime No.416/2018.

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

+2cc to Mr.M.SURESH, Advocate, SR.No.10595,10596 CRL OP(MD) No.8921 &8922 of 2019 Date : 27/06/2019 AAV KK/SAR/27.06.2019/2P-8C https://hcservices.ecourts.gov.in/hcservices/