Sundarapandi v. The S.I Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2017

CORAM:

THE HON'BLE MR.JUSTICE A.M.BASHEER AHAMED Crl.O.P.(MD)No.8630 of 2017 Sundarapandi ... Petitioner/Accused Vs.

The State Represented by the S.I.of Police, B-6, S.S.Colony (L&O) Police Stn Madurai City, Madurai.

... Respondents/Complainant Prayer: Petition filed under Section 439 (i) (b) of Criminal Procedure Code to consider the poverty and inability of the adolescent petitioner in procuring solvency surety and thus modify the bail condition imposed in the impugned bail order passed in CRMP.M.P.No.2652 of 2017 dated 12.06.2017 in Crime No.526/2017 of respondent Police Station, on the file of Principle Sessions Judge, Madurai by directing the Additional Judicial Magistrate for Mahila Court, Madurai to accept the affidavit surety of the petitioner's parent with Ration Card and Aadhar Card but without insisting for solvency Certificate from VAO/Property Tax Receipts/certificate. For Petitioner :

Mr.Ravi Sankar For Respondent : Mr.A.Ramar, Additional Public Prosecutor

O R D E R

This petition is filed to modify the bail condition imposed in Crl.M.P.No.2652 of 2017 on 12.06.2017 passed by the Principal Sessions Judge, Madurai.

2.The Court below while granting bail to the petitioner in Crl.M.P.No.2652 of 2017 has imposed one of the condition as in the event of arrest or surrender, the petitioner shall execute a bond for Rs.10,000/- each along with two sureties for a like sum each to the satisfaction of the Judicial Magistrate, Additional Mahila Court, Madurai, and the present petition has filed to modify to direct the petitioner to produce a solvency certificate from Village Administrative Officer or property tax receipts. 3.The learned counsel for the petitioner submitted that the parents of the accused are prepared to furnish Family Card and Aathar Card.

https://hcservices.ecourts.gov.in/hcservices/ 4.Considering the facts and circumstances and also the

nature of the charges levelled against the petitioner, this Court is inclined to modify the condition. Accordingly, the parents of the petitioner are permitted to file an affidavit along with Family Card and Aathar Card as sureties before the Court concerned and the court below shall accept the same and should not insist to produce solvency certificate or property documents. In respect the other conditions the same shall be unaltered.

5.The Criminal Original petition is disposed of accordingly.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Principal Sessions Judge, Madurai.

2.The Judicial Magistrate, Additional Mahila Court, Madurai. 3.The State Represented by the S.I.of Police, B-6, S.S.Colony (L&O) Police Stn Madurai City, Madurai.

+2cc to Mr.RAVI SHANKAR Advocate in SR. NP/26185 NBI/GNS JS/SKN.RSK/SAR.3/13.07.2017/2P-6C Crl.O.P.(MD)No.8630 of 2017 10.07.2017 https://hcservices.ecourts.gov.in/hcservices/