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Madras High CourtCRL OP(MD)/2566/2025allowed

Vilvamani v. The State Of Tamil Nadu

2025-02-12Honourable Mr.Justice R.Sakthivel4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12-02-2025

CORAM

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Vilvamani ... Petitioner Vs The State of Tamil Nadu, Rep. by the Sub-Inspector of Police, PWE Thanjavur.

Crime No.702 of 2024 ... Respondent Prayer: Criminal Original Petition filed under Section 483(1)(b) of BNSS, to modify the first condition imposed in bail order dated 29.01.2025 in Crl.M.P.(MD) No.484 of 2025 passed by the learned Additional District Judge/Presiding Officer, Special Court under Essential Commodities Act, Thanjavur.

For Petitioner : Mr.A.Sivasubramanian, Advocate For Respondent : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side) *****

ORDER

This Criminal Original Petition has been filed by the petitioner on 07.02.2025 seeking to modify the first condition imposed in bail order dated 29.01.2025 in 1/4

Crl.M.P.(MD) No.484 of 2025 passed by the learned Additional District Judge/Presiding Officer, Special Court under Essential Commodities Act, Thanjavur.

2. Mr.A.Sivasubramanian, learned counsel appearing for the petitioner, submits that the learned Additional District Judge/Presiding Officer, Special Court under the Essential Commodities Act, Thanjavur, while granting bail to the petitioner, ordered the execution of a bond for a sum of Rs. 25,000/- along with two sureties, each for the like sum, to the satisfaction of the Court, and that one of the sureties must be a blood relative of the petitioner. The learned counsel appearing for the petitioner further submits that the petitioner's mother does not have sufficient solvency to stand as a surety. Hence, he seeks a modification of that condition.

3. Mr.K.Sanjai Gandhi, learned Government Advocate (Crl. Side), appearing for the respondent-police, submits that the petitioner has five previous cases, of which, Crime No.702 of 2024 alone was registered under the NDPS Act.

4. Considering the fact that the petitioner is 19 years old and his mother does not possess sufficient solvency, this Court is inclined to modify condition (i) imposed on the petitioner by the learned Additional District Judge/Presiding Officer, Special 2/4

Court under the Essential Commodities Act, Thanjavur, in Crl.M.P.No. 484 of 2025, vide order dated 29.01.2025.

5. Accordingly, the condition (i) imposed on the petitioner by the learned Additional District Judge/Presiding Officer, Special Court under Essential Commodities Act, Thanjavur, in Crl.M.P.No.484 of 2025 vide order dated 29.01.2025, is hereby modified and the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for like sum to the satisfaction of the Court. The other conditions shall hold good.

6. With the above observation, this Criminal Original Petition is allowed. sd/- 12/02/2025 / TRUE COPY / 12/02/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

RMK TO 1 THE ADDITIONAL DISTRICT JUDGE /PRESIDING OFFICER, SPECIAL COURT UNDER ESSENTIAL COMMODITIES ACT, THANJAVUR.

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2 THE SUB INSPECTOR OF POLICE, PWE THANJAVUR, 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.2566 of 2025 Date :12/02/2025 SS/SAR- /12/02/2025/ 4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4