← Library
Madras High CourtCRL OP(MD)/24237/2015ordered

Thottiraja @ Thottiyathan v. The Inspector Of Police

2015-12-21Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2015

CORAM

THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN Crl.O.P.(MD)No.24237 of 2015 Thottiraja @ Thottiyathan : Petitioner/Petitioner Vs.

State rep. by The Inspector of Police, Thiruvegampathur Police Station, Sivagangai District.

Crime No.136 of 2015 : Respondent/Respondent PRAYER: Criminal Original Petition is filed under Section 439(1)(b) of the Code of Criminal Procedure praying to modify the condition imposed in Cr.M.P.No.3125 of 2015 dated 19.11.2015 by the learned Sessions Judge, Sivagangai.

For Petitioner : Mr.S.Mahendrapathy For Respondent : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

This application is filed seeking modification of the condition imposed in Cr.M.P.No.3125 of 2015 dated 19.11.2015 by the learned Sessions Judge, Sivagangai., directing the petitioner to get counter sign of the Deputy Tahsildar, who is officiating at the native place of the surety in the surety certificate and submit the same before the Judicial Magistrate, Devekottai for executing the bail bond.

2.The learned Sessions Judge, while granting bail to the petitioner, imposed a condition to get counter sign of the Deputy Tahsildar, who is officiating at the native place of the surety in the surety certificate and submit before the Judicial Magistrate, Devakottai.

3. The learned counsel for the petitioner submitted that the Deputy Tahsildar is not willing to make a counter sign and hence, the petitioner is not able to furnish sureties as ordered by the lower court. He would further submit that the petitioner has a bank account and if he is permitted to get counter sign from the Bank Manager, it would be possible for him to get a counter sign and furnish sureties.

https://hcservices.ecourts.gov.in/hcservices/

4. Heard the learned Government Advocate(Crl.side) on the above said submissions.

5. Considering the facts and circumstances of the case, this Court permits the petitioner to obtain a counter sign of the Bank Manager to ensure that the petitioner is residing in the above said address. If the petitioner produces the counter sign of the Bank Manager before the lower court, the Judicial Magistrate, Devakottai, is directed to accept the same. The other conditions shall stand unaltered and the petitioner shall comply with the other conditions.

6. This Criminal Original Petition is ordered accordingly. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub-Assistant Registrar To,

1. The Sessions Judge, Sivagangai.

2.The Judicial Magistrate, Devakottai 3.The Inspector of Police, Thiruvegampathur Police Station Sivagangai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+One cc to Ms.Mahendrapathy, Advocate, SR.No.75817 CM RL/6C/SKS/RR/5/1/2016 Crl.O.P.(MD)No.24237 of 2015 21.12.2015 https://hcservices.ecourts.gov.in/hcservices/