D.Kannan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Fourth day of June Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA and The Hon`ble Mr.Justice K. RAJASEKAR Crl.M.P(MD)No.6262 of 2024 in Crl.A(MD).No.381 of 2022 D.KANNAN ... PETITIONER/APPELLANT/ACCUSED NO.1 Vs THE INSPECTOR OF POLICE DINDIGUL TOWN WEST POLICE STATION, (IN CRIME NO. 1138/2020) ... RESPONDENT/RESPONDENT/COMPLAINANT 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 condition that one should be a blood related surety each for a like sum to the satisfaction of the learned Trial Judge, thereby to modify the same by permitting the petitioner to offer substantial and worth able surety from third parties along with the undertaking affidavits of his inborn sisters in CRL MP(MD)No.9894/2023 dated 04.06.2024 Prayer in CRL A(MD)No.381 of 2022 :

To call for the records pertaining to Sessions Case No.112 of 2020 on the file of the learned Principal Sessions Judge, Dindigul and to set-aside the order of conviction passed in Sessions Case No.112 of 2020 dated 18.04.2022 and acquit the appellants/accused from all the charges.

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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.ARUMUGAM.C.M., Advocate for the petitioner and of MR.A.THIRUVADI KUMAR, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- [Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] This Petition is filed seeking to modify the condition that "one should be a blood related surety, each for a like sum of the satisfaction of the learned Trial Judge" thereby to modify the same.

2. The learned counsel appearing for the petitioner would submit that while granting suspension of sentence, this Court imposed a condition that the petitioner shall execute a bond for Rs.25,000/- with two sureties, of whom, one should be a blood related surety, each for a like sum of the satisfaction of the learned Trial Judge. He further submitted that the petitioner is having blood relatives and other relatives, unfortunately they don't have any immovable properties in their name to stand as sureties as per the order of this Court and he is ready to offer substantial sureties who are known persons to the petitioner and having immovable properties to satisfy the value of the property as mentioned in the order and hence, he seeks modify the condition.

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3. The learned Additional Public Prosecutor appearing for the respondent has no objection to modify the condition.

4. In the light of the above fact, the condition imposed on the petitioner in Crl.M.P(MD)No.9894 of 2023 in Crl.A(MD)No.381 of 2022, dated 04.06.2024 is modified to the effect that the petitioner is directed to be enlarged on bail on executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties each for a like sum to the satisfaction of the learned Trial Judge.

5. Accordingly, this petition is ordered.

sd/- 24/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

am TO 1 THE PRINCIPAL SESSIONS JUDGE,DINDIGUL.

2 THE INSPECTOR OF POLICE DINDIGUL TOWN WEST POLICE STATION, DINDIGUL.

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3 THE SUPERINTENDENT OF PRISON, CENTRAL PRISON, MADURAI.

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

COPY TO:

THE INSPECTOR OF POLICE, ADUKKAMPARAI POLICE STATION, VELLORE.

+1 cc to MR.C.M.ARUMUGAM, Advocate SR No.6989 dated 26.06.2024

ORDER

IN Crl.M.P(MD)No.6262 of 2024 in Crl.A(MD).No.381 of 2022 Date :24/06/2024 RK/JGB (26/06/2024) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4