Madras High CourtCRL OP(MD)/5829/2016disposed of

Mittul Ali @ Anoon v. The Inspector Of Police

2016-04-13Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 13.04.2016

CORAM

THE HONOURABLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P. (MD) No.5829 of 2016 Mittul Ali @ Anoon ... Petitioner/Sole Accused Vs State rep. by The Inspector of Police Soorankudi Police Station, Thoothukudi District.

(In Crime No.18 of 2016) ... Respondent/Complainant Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to modify the condition imposed on the petitioner in Crl.M.P.No.121 of 2016 dated 17.03.2016.

For Petitioner :Mr.R.Pandi Maharaja For Respondent :Mr.K.V.Rajarajan Government Advocate (Crl.side)

O R D E R

This Criminal Original Petition has been filed under Section 482 Cr.P.C seeking modification of the condition imposed on the petitioner in Crl.M.P.No.121 of 2016 dated 17.03.2016. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) appearing for the State. 3.At the time of granting bail, the learned Sessions Judge, Mahalir Neethimandaram (Fast Track Mahila Court), Thoothukudi, ordered that the petitioner should produce two sureties and among them, one surety should be the parent of the petitioner/accused, who shall furnish full details of their residential address along with the copies of the family Ration Card or Adhar Card/voter ID to the court below in the form of affidavit.

4. The learned counsel for the petitioner would contend that the petitioner/accused is a resident of Assam and he is not able to comply with the abovesaid condition since his parents are in Assam and hence, the condition may be modified. https://hcservices.ecourts.gov.in/hcservices/

5. The learned Government Advocate objected the modification of condition.

6. In this case, admittedly, the petitioner is residing in Vembar Village and it is not possible for him to produce his one of the parents as surety before the trial court.

7. In view of the above, this Court is inclined to modify the said condition as follows:

The petitioner/accused is ordered to be released on bail on his executing a bond for Rs.50,000/-(Rupees fifty thousand only) with two sureties each for the like sum to the satisfaction of the court below. The accused shall produce two sureties, who shall furnish their details of their residential address along with the copies of the family ration card or Aadhar Card/Voter ID to the Court below in the form of an affidavit.

8. Rest of the condition imposed by the trial court shall stand unaltered.

9. Accordingly, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar To 1.The Inspector of Police,Soorankudi Police Station, Thoothukudi District.

2.The Sessions Judge, The Court of Mahalir Neethimandram(Fast Track Mahila Court), Thoothukudi.

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

CM CSL/SKS-RR/29.04.2016 : 2P/4C Crl.O.P(MD) No.5829 of 2016 13.04.2016 https://hcservices.ecourts.gov.in/hcservices/