Madras High CourtCRL OP(MD)/20402/2018ordered

Rajkumar v. The Inspector Of Police

2018-11-15Honourable Mr Justice M. Nirmal Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.OP[MD]No.20402 of 2018 Rajkumar ... Petitioner/Petitioner Vs.

State represented by The Inspector of Police, Cumbum South Police Station, Cumbum, Theni District.

(Crime No.418 of 2018) ... Respondent/Respondent PRAYER: Petition is filed under Section 439(1)(b) of Cr.P.C, to modify the condition imposed on the petitioner in the order dated 08.11.2018 passed in Cr.M.P.No.1224 of 2018 on the file of the Sessions Court (Fast Track Mahila Court), Theni. For Petitioner : Mr.N.Pragalathan For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side)

O R D E R

This petition is filed to modify the condition imposed on the petitioner dated 08.11.2018, in Cr.M.P.No.1224 of 2018 on the file of the Sessions Court, (Fast Track Mahila Court), Theni. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent. 3.While granting bail, the learned Judge imposed a condition that the petitioner was ordered to be released on bail on executing his bond for Rs.25,000/- with two sureties for the like sum each, one of the surety is blood relative (mother, father, brother and sister) and another is directed to produce the original property document or original patta.

4.The learned counsel for the petitioner submits that the petitioner's parents, brother and sister have no property, due to which, he is not complied with the condition. Further, he submitted that the petitioner's friend is willing to offer surety on the same condition.

https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case, the order of the court below is modified to the extent that the

Sessions Court (Fast Track Mahila Court), Theni is directed to accept the surety and not insisting upon the surety of blood relative and the time for surrender and execution of sureties is extended by two weeks from the date of receipt of a copy of this order. Hence, this petition is ordered accordingly. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar(CS-II) To 1.The Sessions Judge, Fast Track Mahila Court, Theni. 2.The Inspector of Police, Cumbum South Police Station, Cumbum, Theni District.

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

• 1 CC TO Mr.N.PRAGALATHAN , ADVOCATE IN SR No.21655. • • RMI • DS RP SAR2 19 11 2018 2P 5C Crl.OP[MD]No.20402 of 2018 15.11.2018 https://hcservices.ecourts.gov.in/hcservices/