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Madras High CourtCRL MP(MD)/4261/2020allowed

Saravanakumar v. The Inspector Of Police

2020-08-27Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

CRL MP(MD) No.4261 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of August Two Thousand Twenty PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM and The Hon`ble Mrs.Justice T.KRISHNAVALLI CRL MP(MD) No.4261 of 2020 IN CRL A(MD) No.195 of 2020 SARAVANAKUMAR ... PETITIONER/ PETITIONER/ APPELLANT/ SINGLE ACCUED Vs STATE REP.BY THE INSPECTOR OF POLICE INAMKULATHUR POLICE STATION, TIRUCHIRAPPALLI DISTRICT.

CRIME NO.47/2017 ... 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 order in Crl.MP.(MD).No.3270 of 2020 in crl.A.(MD).No.195 of 2020 dated 13.08.2020 in Paragraph no.8 (i) "by directing the petitioner to execute the two sureties instead of one should be a blood relative".

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.M.JEGADEESH PANDIAN, Advocate for the petitioner and of Mr.R.ANANDHARAJ, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- [Order of the Court was made by K.KALYANASUNDARAM, J.] This application has been filed seeking modification of the order, dated 13.8.2020 passed in Crl.M.P(MD)No.3270 of 2020 in Crl.A (MD)No.195 of 2020. When the Petitioner was granted bail, one of the conditions imposed is that he shall execute a bond with two sureties and one of whom shall be a blood-related surety. 2.Mr.M.Jegadeesh Pandian, learned counsel for the Petitioner referring to Paragraph No.4 of the affidavit filed in support of https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.4261 of 2020 this application, would argue that the parents of the Petitioner passed away and his two sisters deposed against him during the trial, hence the Petitioner is not in a position to produce bloodrelated surety and, the Petitioner's wife may be permitted to give surety.

3.Mr.T.Anandharaj, learned Additional Public Prosecutor appearing for the respondent does not have any serious objection for modification of the order.

4.In the light of the above submissions, this Court is inclined to modify the condition to the effect that instead of producing one blood-related surety, the Petitioner is permitted to produce his wife as one of the sureties. The other conditions stand unaltered. 5.With the above modification, this Petition is ordered. sd/- 27/08/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

TO

1. THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, TRICHY.

2. DO-THROUGH : THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, TRICHY DISTRICT.

3. THE JUDICIAL MAGISTRATE No.V, TRICHY.

4. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

5. THE SUPERINTENDENT,CENTRAL PRISON, TRICHY.

6. THE INSPECTOR OF POLICE, INAMKULATHUR POLICE STATION, TIRUCHIRAPPALLI DISTRICT.

7. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL MP(MD) No.4261 of 2020 IN CRL A(MD) No.195 of 2020 Date :27/08/2020 MS/JC/SAR-3/01.09.2020/2P.8C https://hcservices.ecourts.gov.in/hcservices/ 2/2