Ram Prakash v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixteenth day of May Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice P. VADAMALAI IN CRL OP(MD) No.6476 of 2024 RAM PRAKASH ... PETITIONER/PETITIONER Vs THE INSPECTOR OF POLICE MARTHANDAM POLICE STATION, KANYAKUMARI DISTRICT.

(CRIME NO.142/2024) ... RESPONDENT/RESPONDENT Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to modify the order in Crl.OP(MD)No.6476/2024 dated 26/4/2024, permit the petitioner to execute the bail bond and sureties before the learned Judicial Magistrate, Valliyoor, Tirunelveli District instead of Judicial Magistrate, Kuzhithurai,Kanyakumari District. Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.RAMAKRISHNAN.S, Advocate for the petitioner and of MR.K.SANJAI GANDHI, Government Advocate (Crl.Side)on behalf of the Respondent, the court made the following order:- This petition has been filed to modify the condition imposed by this Court 1/4

directing the petitioner to execute a bond for a sum of Rs.25,000/-with two sureties each for the like sum to the satisfaction of the learned Judicial Magistrate, Kuzhithurai and permit the petitioner to execute surety bond before the learned Judicial Magistrate, Valliyoor, Tirunelveli District.

2. The learned counsel for the petitioner would submit that the defacto complainant is a practicing advocate in the same bar and no advocate is appearing on behalf of the petitioner to execute sureties hence he is unable to execute bond. Therefore he has filed the present petition to modify the condition imposed by this Court.

3. Heard the learned Government Advocate(Crl.Side)

4. Taking into consideration the facts and circumstances of the case, the condition imposed by this Court in Crl.O.P(MD) No.6476 of 2024 dated 26.04.2024 in para 6(i) is modified to the effect that the petitioner shall execute a bond for a sum of Rs.25,000/-with two sureties each for the like sum to the satisfaction of the learned Judicial Magistrate, Valliyoor. All other conditions shall remain unaltered. Further two weeks time is extended to execute the sureties from the date of receipt of a copy of this order.

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5. With the above direction this petition is allowed. sd/- 16/05/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO THE JUDICIAL MAGISTRATE, KULITHURAI.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT @ NAGERCOIL.

THE JUDICIAL MAGISTRATE, VALLIYOOR, TIRUNELVELI DISTRICT.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

THE INSPECTOR OF POLICE MARTHANDAM POLICE STATION, KANYAKUMARI DISTRICT.

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THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.RAMAKRISHNAN. S, Advocate ( SR-5523[I] dated 16/05/2024 )

ORDER

IN IN CRL OP(MD) No.6476 of 2024 Date :16/05/2024 PKP/VR/SAR /21.05.2024/ 4P/ 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4