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Madras High CourtCRL OP(MD)/17798/2017ordered

P.Thirupathi v. The Sub-Inspector Of Police

2017-12-22Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2017

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.17798 of 2017 1.P.Thirupathi 2.P.Selvam 3.C.Duraipandi@Alagarsamy 4.S.Murugeshwari 5.T.Palanisamy 6.Nagajothi ... Petitioners/Petitioners Vs.

State through The Sub-Inspector of Police, P.C.Patti Police Station, Theni District.

(Crime No.839 of 2017) ... Respondent/Respondent PRAYER: Criminal Original Petition is filed under Section 439(1) (b) of the Code of Criminal Procedure, to modify the condition imposed by the Principal Sessions Judge, Theni dated 16.12.2017 in Cr.M.P.No.4098 of 2017 in regarding with directing the petitioners shall execute a bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the arresting officer or to the satisfaction of the Learned Judicial Magistrate concerned.

For Petitioner : Mr.R.Venkatesan For Respondent : Mr.K.Anbarasan Government Advocate (Crl. Side)

ORDER

This petition has been filed by the petitioner to modify the condition imposed by the Principal Sessions Judge, Theni dated 16.12.2017 in Crl.M.P.No.4098 of 2017 in regarding with directing the petitioners shall execute a bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the arresting officer or to the satisfaction of the Learned Judicial Magistrate concerned.

2.The learned counsel for the petitioner would submit that at the time of granting anticipatory bail by the learned Principal Sessions Judge, Theni, in Crl.M.P(MD).No.4098 of 2017, the https://hcservices.ecourts.gov.in/hcservices/

petitioner was ordered to be released on anticipatory bail on condition to 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 arresting officer or to the satisfaction of the learned Judicial Magistrate concerned. Now the learned counsel for the petitioner prays before this Court that the petitioners may be permitted to execute the common sureties before the learned District Judicial Magistrate, Theni.

3.The learned Government Advocate (Crl.side) appearing for the respondent Police has no serious objection for allowing the petition.

4.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side), the petitioners are permitted to produce two common sureties for three of the petitioners and another two common sureties for remaining three petitioners before the concerned satisfaction Court. This petition is ordered accordingly. 5.Except the above said modification, all the other conditions imposed by the learned Principal Sessions Judge, Theni in Crl.M.P (MD).No.4098 of 2017, dated 16.12.2017 remains unaltered. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To

1. The Principal Sessions Judge, Theni.

2. The District Judicial Magistrate, Theni.

3. The Sub-Inspector of Police, P.C.Patti Police Station, Theni District.

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

+ 1 CC TO Mr.R.VENKATESAN, ADVOCATE IN SR No. 36922 MSA TE/SV-MMS/SAR-3 : 02/01/2018 : 2P/6C Crl.O.P.(MD)No.17798 of 2017 22.12.2017 https://hcservices.ecourts.gov.in/hcservices/