Anish Raj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/07/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN Anish Raj, S/o.Karthikeyan, Central Prison, Palayamkootai. Tirunelveli District..

... Petitioner/2nd Accused Vs The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.

(Crime No.23/2020).

... Respondent/Complainant PETITION FOR MODIFICATION Under Sec.439(1)(B)R/W.482 of Cr.P.C. PRAYER :- To modify the condition No.1 of the bail order dt. 05.12.2020 imposed upon the petitioner by the on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Kanyakumari at Nagercoil in Crl. MP No.539/2020.

For Petitioner : M/s.Lenin Kumar T, Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) ORDER : The Court made the following order :- This petition has been filed to modify the condition imposed by the learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Kanyakumari at Nagercoil in Crl. MP No.539 of 2020 dated 05.12.2020.

2. The learned counsel for the petitioner would submit that the petitioner was granted bail by the learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Kanyakumari at Nagercoil with a condition to execute a bond for a sum of Rs.10,000/- with two blood sureties each to the satisfaction of the Court. He would further submit that the petitioner is in custody for 1/3

more than a year and he is not able to arrange blood sureties, hence he seeks modification of the said condition.

3. The condition was imposed by the learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Kanyakumari at Nagercoil, therefore this Court is not inclined to modify the said condition.

4. Hence the petition stands dismissed. The petitioner, if advised, may file petition before the learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Kanyakumari at Nagercoil to modify the said condition. On such application being filed, the learned Sessions Judge is directed to consider the same and pass orders on merits and in accordance with law.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) AAV 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 Sessions judge The Special Court, Exclusive Trial Of Cases Under POCSO Act Kanniyakumari at Nagercoil

2. The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.

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

Copy to The Registrar Judicial, Madurai Bench of Madras High Court, Madurai. CRL OP(MD) No.9983 of 2021 Date : 28/07/2021 NA(CO) LR(10.08.2021) 2P 5C 2/3

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