Albi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.9766 of 2018 1.Albi 2.G.Sheeba ... Petitioners /Accused Nos.2 and 3 Vs.

The State of Tamil Nadu Represented by the Inspector of Police, Kotticode Police Station, Kanyakumari District. ... Respondent PRAYER : This Petition is filed under Section 439(1)(b) of Cr.P.C. to modify the condition imposed in Crl.M.P.No.2058 of 2018 on the file of the vacation Court of Sessions, Kanyakumari District at Nagercoil dated 17.05.2018 in so far as the condition no.4 to execute the Bail bond for a sum of Rs.1,00,000/- with two securities each for a like sum for the satisfaction of the Judicial Magistrate Court No.I, Padmanabhapuram and the petitioners 2 and 3 are directed to deposit a sum of Rs.15,000/- each (in total Rs.30,000/- only) before the learned Magistrate is concerned.

For petitioners : Mr.C.K.M.Appaji For Respondent : Ms. Anantha Devi Government Advocate (Criminal Side)

ORDER

******* The petitioners are figuring as co-accused in Crime No.54 of 2018 on the file of the respondent police station. They filed a petition for anticipatory bail before the learned vacation Sessions Judge, Nagercoil. The relief was granted on condition that they shall deposit a sum of Rs.15,000/- each and also execute a bond for a sum of Rs.1,00,000/- with two securities each for a like sum for the satisfaction of the Judicial Magistrate Court No.I, Padmanabhapuram. The petitioners herein who are accused 2 and 3 are before this Court seeking modification of the said condition.

2.Heard, the learned counsel for the petitioners and the learned Government Advocate (Criminal side) appearing for the respondent.

https://hcservices.ecourts.gov.in/hcservices/

3. The learned counsel for the petitioners submitted that the petitioners are women and poor coolie workers and that the main allegation is only against the first accused.

4. Considering the aforesaid submission, this Court is of the view that the condition imposed on the petitioners can be modified. The petitioners are directed to execute a bail bond for a sum of Rs.10,000/- with two sureties each for a like sum for the satisfaction of the concerned Magistrate. Instead of Rs.15,000/- each, the petitioners can be directed to deposit a sum of Rs.2,000/- each. The amount shall be deposited to the credit of the Crime No.54 of 2018 before the learned Judicial Magistrate Court No.I, Padmanabhapuram.

5. It is open to the defacto complainant to withdraw the said amount. The time for surrender and execution of sureties, extended by a further period of two weeks from the date of receipt of a copy of this order.

6.Accordingly, this Criminal Original Petition is allowed. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To

1. Judicial Magistrate, No.I, Padmanabhapuram.

2. The Inspector of Police, Kotticode Police Station, Kanyakumari District.

PNN VB/PN/SAR2/03.07.2018/2P/3C ORDER MADE IN Crl.O.P.(MD)No.9766 of 2018 18.06.2018 https://hcservices.ecourts.gov.in/hcservices/