Basanta Kar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD) No.3260 of 2024 Basanta Kar ... Petitioner/ Sole Accused Vs.

State represented by The Inspector of Police, Thillainagar Police Station, Trichy.

(Crime No.2324 of 2023)

...Respondent

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to modify the first condition imposed on the petitioner by the learned Principal District Sessions Judge, Trichy in Cr.M.P.No.923 of 2024, dated 13.02.2024, relating to blood surety to the effect that the blood relation may deposit Rs.25,000/- cash instead of Solvency Certificate for Rs.25,000/- before the learned Judicial Magistrate No.IV, Trichy.

For petitioner : Mr.M.Suresh For Respondent : Mr.P.Kottaichamy, Government Advocate (Criminal Side) 1/4

O RDER This Petition has been filed seeking to modify the first condition imposed on the petitioner by the learned Principal District Sessions Judge, Trichy in Cr.M.P.No.923 of 2024 dated 13.02.2024 relating to blood surety to the effect that the blood relative may deposit a sum of Rs.25,000/- cash instead of Solvency Certificate before the learned Judicial Magistrate No.IV, Trichy.

2. The learned counsel appearing for the petitioner would submit that the petitioner is ready to produce the blood surety. But, the learned Judicial Magistrate No.IV, Trichy is insisting upon the petitioner to produce the Solvency Certificate of the blood surety. Since the blood surety is not having any property, he was unable to produce the Solvency Certificate before the concerned Authority. He would further submit that the petitioner is in prison for the past 76 days and now, he is ready to produce the cash deposit of a sum of Rs.25,000/- instead of Solvency Certificate.

3. Heard the learned Government Advocate (Criminal Side) appearing for the respondent Police.

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4. Considering the facts and circumstances of the case, this Criminal Original Petition is allowed and the Condition No.1 imposed in Cr.M.P.No.923 of 2024 dated 13.02.2024 on the file of the Principal District and Sessions Judge, Trichy, is modified to the effect that the petitioner is directed to deposit a sum of Rs.25,000/- in Crime No.2324 of 2023 before the learned Judicial Magistrate No.IV, Trichy instead of Solvency Certificate. The other conditions remain unaltered. 01.03.2024 Index : Yes/No Internet : Yes/No TSG Note : Issue Order Copy by 04.03.2024 To 1.The Principal District Sessions Judge, Trichy. 2.The Inspector of Police, Thillainagar Police Station, Trichy.

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

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M.DHANDAPANI. J.

TSG 01.03.2024 4/4