Francis Fensinger Xavier v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Nineteenth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI FRANCIS FENSINGER XAVIER ... PETITIONER / ACCUSED No.3 Vs THE INSPECTOR OF POLICE PAMBAN POLICE STATION, RAMANATHAPURAM, CR NO.109/2023, RAMANATHAPURAM DISTRICT.

... RESPONDENT / COMPLAINANT Criminal Original Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to modify the 1st condition to execution of bond for Rs. 20,000/- with one blood surety and one normal surety instead of normal surety in Crl M.P No. 648/2024 dated 15.02.2024 on the file of the Principal Sessions Judge, Ramanathapuram and allow this petition.

ORDER : This Criminal Original petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.PRAVEENKUMAR.P, Advocate for the petitioner and of MR.P.KOTTAICHAMY, Government Advocate (Crl.Side) on behalf of the Respondent, the Court made the following order:- This petition has been filed to modify the condition imposed upon the 1/3

petitioner in 5(i) in Crl.M.P.Nos.647 & 648 of 2024, dated 15.02.2024 that to execute the bond for a sum of Rs.20,000/- with one blood surety and one normal surety. 2.The petitioner has involved in the offences under sections 294(b), 324, 392 and 302 of IPC.

3. The learned counsel for the petitioner would submit that the petitioner has no mother and father. Hence, he could not produce the blood surety as per the condition imposed by the concerned Court.

4. The learned Government Advocate (Crl.Side) would submit that the offences committed by the petitioner is heinous in nature. The petitioner has not produced any document to show that he is an orphan. Unless the petitioner produces the blood surety, the claim made by the petitioner cannot be considered.

5. Considering the facts and circumstances of this case and the petitioner has not produced any document to show that he is the orphan child, this Criminal Original Petition is dismissed.

sd/- 19/03/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU 2/3

TO 1 THE PRINCIPAL SESSIONS JUDGE, RAMANADHAPURAM.

2 THE INSPECTOR OF POLICE PAMBAN POLICE STATION, RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN Date :19/03/2024 SS/VR/SAR- /10/04/2024/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3