Mickel Sekar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2016

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI Crl.O.P.(MD)No.12479 of 2016 Mickel Sekar .... Petitioner/Petitioner Vs.

The Inspector of Police, Pudukadai Police station, Kanyakumari District.

.... Respondent/Respondent Prayer: Petition is filed under Section 439(i)(b) of Cr.P.C., to modify the condition imposed by the learned Judicial Magistrate with regard to the furnishing of Government Sureties in Crl.M.P.No.2559 of 2016, dated 03.06.2016 and consequently extent the time granted to furnishing sureties.

For petitioner :Mr.S.C.Herold Singh For respondent :Mr.P.Kannithevan G.A.(Crl.side)

O R D E R

The petition is filed seeking modification of the condition with regard to execution of surety, imposed by the learned Judicial Magistrate No.I, Kuzhithurai, made in Crl.M.P.No.2559 of 2016, dated 03.06.2016.

2.The learned Judicial Magistrate No.II, Kuzhithurai, by an order, dated 03.06.2016 granted bail to the petitioner on condition that the petitioner shall furnish two sureties for sum of Rs.10,000/-, out of which, one should be from the Government Servant. 3.The learned counsel for the petitioner submitted that no Government Servant is prepared to offer surety for the petitioner and hence, the petitioner is not able to come out on bail inspite of the fact that he was granted bail in the month of June 2016. He further submitted that the petitioner is ready to furnish local sureties and he is ready to abide by the other conditions imposed by the Magistrate. https://hcservices.ecourts.gov.in/hcservices/

4.It is to be noted that the petitioner was granted bail by the learned Judicial Magistrate No.II, Kuzhithurai on 03.06.2016, but due to his inability to furnish surety from the Government Servant as per the order of the learned Judicial Magistrate, the petitioner is not able to come out on bail.

5. In the above circumstances, the condition imposed on the petitioner is modified to the effect that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and appear before the respondent police daily at 10.00 a.m., until further orders.

6. This petition is ordered accordingly.

Sd/ Assistant Registrar(CS-II) /TRUE COPY/ Sub Assistant Registrar To 1.The Judicial Magistrate NO.II Kuzhithurai.

2.The Inspector of Police, Pudukadai Police station, Kanyakumari District.

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

+1cc to M/S.S.C.Herold Singh, Advocate in SR.No.39842 Crl.O.P.(MD)No.12479 of 2016 27.07.2016 am PA/SK-SKN/SAR I/29.07.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/