Madras High CourtCRL OP(MD)/7912/2015dismissed

Manjula Devi @ Devi @ Mari @ v. The Sub Inspector Of Police

2015-04-29Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2015

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P(MD)No.7912 of 2015 Manjula Devi @ Devi @ Mari @ Manjuvellaiammal : Petitioner -VsThe Sub-Inspector of Police, Thackalay Police Station, Kanniyakumari District :Respondent PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure praying to modify the condition with regard to production of surety of husband or blood relative and cash deposit of Rs.5,000/- passed by the learned Judicial Magistrate, Padmanabapuram in Cr.M.P.No.2469 of 2015 dated 15.04.2015 and further direct the learned Judicial Magistrate, Padmanabapuram to accept the competent and solvent sureties to be produced by the petitioner.

For Petitioner : Mr.P.Ganapathi Subramanian For Respondent : Mr.K.V.Rajarajan Government Advocate (Criminal side)

O R D E R

The petitioner, who is arrayed as accused in Cr.M.P.No.2469 of 2015 for the alleged commission of offence under Section 379 of I.P.C, was granted bail by the learned Judicial Magistrate, Padmanabapuram and one of the conditions is that she should furnish two sureties and out of them, one shall be a solvent surety and one shall be a blood relative, either the husband of the accused or a blood relative of the accused along with their family card/I.D. Card and a further condition was imposed to deposit a sum of Rs.5,000/- in each case.

2. The learned counsel for the petitioner submitted that the petitioner is a spinster and therefore, the above said conditions have to be modified.

3. Heard the learned counsel for the petitioner and the learned Government Advocate(Crl. Side) for the State.

4. Considering the nature of allegation, I am unable to agree with the contention of the petitioner, since, the learned Judicial Magistrate has directed the petitioner to furnish two sureties and out of them, one shall be a solvent surety and one shall be a blood relative, either the husband of the accused or a blood relative of the accused along with their family card/I.D. Card. Hence, I do not find any reason to modify the condition imposed by the learned Magistrate.

5. Hence, the Criminal Original Petition is dismissed. Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

To, 1.The Sub-Inspector of Police, Thackalay Police Station, Kanniyakumari District.

2.The Judicial Magistrate, Padmanabapuram.

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

+1cc to Mr.P.Ganapathi Subramanian, Advocate in SR.24703 Crl.O.P.(MD)No.7912 of 2015 29.04.2015 am pbk/prv 13/05/2015 ::2p-5c:

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