Vellaichamy v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/03/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR

1. Vellaichamy, S/o. Oyyappan,

2. Karthik, S/o. Vellachamy,

3. Tamilan Alias Tamilarasan, S/o. Vellachamy

4. Raja, S/o. Nevulan Alias Pallikudhathan

5. Sudha, W/o. Chandran,

6. Nalini, W/o. Chinnadurai

7. Vijaya, W/o. Vellaichamy ... Petitioners/ Petitioners Vs The Sub Inspector of Police, Singampunari Police Station, Sivagangai District (Cr No. 28/2021)..

... Respondent/ Respondent For Petitioners : M/s.Anandkumar J, Advocate.

For Respondent : Mr.M.V.Chandrasekaran, Government Advocate (Crl.Side) Prayer:- Petition for modification under Section 439(1)(b) rw/.Section 482 of Cr.P.C to Modify the conditions imposed in Criminal Miscellaneous Petition No. 472/2021 by Principal District and Sessions Court, Sivagangai by its order dated 23.02.2021 in respect of condition Nos. 1 and 2 and further extend the time for furnishing sureties.

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ORDER : The Court made the following order :- This petition has been filed to modify the conditions Nos. 1 and 2 imposed by the learned Principal District and Sessions Judge, Sivagangai in Cr.M.P.No. 472 of 2021 dated 23.02.2021.

2. The learned counsel for the petitioners would submit that petitioners were granted anticipatory bail by the learned Principal District and Sessions Judge, Sivagangai in Cr.M.P.No. 472 of 2021 dated 23.02.2021 directing the petitioners to execute a bond for a sum of Rs.20,000/- each along with two sureties each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Singampunari and also directed the petitioners to appear and sign before the respondent police daily at 9.00 am., until further orders. He would further submit that the petitioners hails from same family and the dispute is between the relatives and it is very difficult for them to arrange two sureties. He would also submit that some of the petitioners are aged persons and some of the petitioners are ladies and some of them are working in a private company and they are unable to appear and sign before the respondent police daily, hence he seeks modification of the said order.

3. Taking into consideration the submission made by the learned counsel for the petitioners the condition No.1 imposed by the learned Principal District and Sessions Judge, Sivagangai in Cr.M.P.No. 472 of 2021 dated 23.02.2021 is modified to the effect that the petitioners shall execute a bond for a sum of Rs.10,000/- each along with one surety each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Singampunari. Taking into consideration the nature of offence the condition No.2 directing the petitioners to appear and sign before the respondent police daily at 9.00 am., until further orders is set aside. Further two weeks time is extended to comply with the conditions imposed by this Court.

Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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TO 1.The Principal District and Sessions Judge, Sivagangai 2.The Sub Inspector of Police, Singampunari Police Station, Sivagangai District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

CRL OP(MD) No.4122 of 2021 Date : 17/03/2021 KB(23.03.2021) 3P 4C 3/3