Vattepu Naresh v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixth day of July Two Thousand Twenty PRESENT The Hon`ble Mrs.Justice R.THARANI IN CRL A(MD) No.600 of 2019 VATTEPU NARESH ... PETITIONER/PETITIONER/ APPELLANT/SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE NIB CID, THENI, CRIME NO.76 OF 2018 ... RESPONDENT/RESPONDENT/ RESPONDENT/COMPLAINANT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to modify the condition imposed in Crl.M.P.(MD) No.11155 of 2019 in Crl.A.(MD) No.600 of 2019 dated 02/03/2020, by directing the petitioner/ appellant / accused to execute own sureties before the Superintendent, Central prison, Madurai instead of executing a bond for a sum of Rs.10,00,000/- with two sureties each, who are residence of Mothkur village, Vadadri District, State of Telangana for a like sum satisfaction before the Learned Principal Special Court for EC and NDPS Act Cases, Madurai.
Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.M.JEGADEESH PANDIAN, Advocate for the petitioner and of Mr.K.DINESH BABU, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent.
2. This petition is filed to modify the condition imposed in Crl.M.P.(MD)No.11155 of 2019 in Crl.A.(MD)No.600 of 2019, by directing the petitioner / accused to execute local sureties before the Superintendent, Central Prison, Madurai instead of executing a bond for a sum of Rs.10,00,000/- with two sureties each, who are 1/3
residence of Mothkur village, Vadadri District, State of Telangana for a like sum to the satisfaction of the learned Principal Special Court for EC and NDPs Act cases, Madurai.
3. On the side of the petitioner, it is stated that due to lockdown the petitioner was not able to produce sureties from his home town, which is, in Telangana. Though the petitioner obtained bail order on 02.03.2020 itself, he was not able to produce sureties due to the lockdown and hence, prayed that an interim modification may be given for the petitioner, to produce sureties from Tamilnadu, till the petitioner/ accused is able to produce sureties from his home town.
4. The learned Additional Public Prosecutor represented that the nature of the offence is grave. If the condition is modified, there is a possibility for the petitioner / accused to abscond. It is further stated that though the order was passed on 02.03.2020, till the declaration of lockdown in the third week of March, the petitioner / accused has not taken any steps to produce sureties and prayed the petition to be dismissed.
5. A perusal of the records reveals that the petitioner / accused belongs to Telangana State and may not be having any relatives in Tamilnadu State. If the petitioner / accused abscond, it will be very difficult for the respondent police to secure the petitioner / accused.
6. In the above circumstances, the reason stated for modifying the condition imposed in Crl.M.P.(MD)No.11155 of 2019, dated 02.03.2020, is not sufficient. Hence, this Criminal Miscellaneous Petition is dismissed.
sd/- 06/07/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE PRINCIPAL SPECIAL JUDGE FOR E.C AND NDPS ACT CASES, MADURAI.
2 THE ADDITIONAL DISTRICT JUDGE/PRESIDING OFFICER, PRINCIPAL SPECIAL COURT FOR EC & NDPS ACT CASES, MADURAI.
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3 THE INSPECTOR OF POLICE NIB CID, THENI.
4 THE SUPERINTENDENT,CENTRAL PRISON, MADURAI. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN IN CRL A(MD) No.600 of 2019 Date :06/07/2020 Ls AE/PN/SAR-II (08.07.2020) 2P 6C 3/3