Gobi@Govindaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.05.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Crl.O.P.(MD) No.6167 of 2017 Gobi @ Govindaraj ... Petitioner vs.

State, rep.by The Inspector of Police Government Hospital Police Station Tiruchirappalli Tiruchirappalli District (Crime No.233 of 2017) ... Respondent PRAYER: This petition is filed under Section 439(1)(b) Cr.P.C., to modify the condition directing the petitioner to execute a bond for Rs.10,000/- with two sureties for the said like sum as imposed in Cr.M.P.No.1175 of 2017, dated 20.04.2017, on the file of the learned Principal Sessions Judge, Tiruchirappalli, Tiruchirappalli District, by permitting the petitioner to execute cash sureties of lesser value or sureties without solvency certificate and tax receipt before the learned Judicial Magistrate No.IV, Tiruchirappalli, Tiruchirappalli District.

For Petitioner :

Mr.A.Thiruvadikumar For Respondent :

Mr.A.P.Balasubramani Govt. Advocate

O R D E R

It is seen that the petitioner herein has been granted bail by the learned Principal Sessions Judge, Tiruchirappalli, vide Order dated 20.04.2017, in Cr.M.P.No.1175 of 2017, on the following conditions:

"The petitioner is ordered to be released on bail on his executing a bond for Rs.10,000/- with two sureties each for the like sum to the satisfaction of the learned Judicial Magistrate No.IV, Tiruchy and on condition to report before respondent police daily at 10.00 a.m., until further others."

2. The learned counsel appearing for the petitioner submitted that when the petitioner executed sureties as per the https://hcservices.ecourts.gov.in/hcservices/

conditions imposed by the learned Principal Sessions Judge, Tiruchirappalli, while granting bail, the learned Judicial Magistrate No.IV, Tiruchy, in spite of accepting the same insisted upon Solvency Certificate and Tax Receipt for the said sureties and therefore, the petitioner is not able to enjoy the fruits of the bail order.

3. Heard the learned Government Advocate (Criminal Side) appearing for the State on the above submissions.

4. Considering the facts and circumstances of the case and also the submissions made by the learned counsel for the petitioner, the learned Judicial Magistrate No.IV, Tiruchirappalli, is directed to obey the order, dated 20.04.2017, in Crl.M.P.(MD) No.1175 of 2017, passed by the learned Principal Sessions Judge, Tiruchirappalli, by accepting the sureties executed by the petitioner for bail.

5. The criminal original petition is disposed of with the above directions.

SD/- ASSISTANT REGISTRAR /TRUE COPY/ SUB ASSISTANT REGISTRAR To 1.The Principal Sessions Judge, Tiruchirappalli.

2.The Judicial Magistrate No.IV, Tiruchirappalli 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC TO MR.A.THIRUVADIKUMAR, ADVOCATE,SR NO.22459 KRK MAS/MR/SAR3:19.05.2017:2P-5C Crl.O.P.(MD) No.6167 of 2017 17.05.2017 https://hcservices.ecourts.gov.in/hcservices/