Madras High CourtCRL OP(MD)/20999/2018ordered

Rajan v. The Sub Inspector Of Police

2018-11-28Honourable Mr Justice M. Nirmal Kumar1 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2018

CORAM:

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P.(MD).No.20999 of 2018 Rajan :Petitioner/Accused No.2 -VsThe State, Rep. by the Sub Inspector of Police, Kenikarai Police Station, Ramanathapuram District.

(Crime No.250 of 2018) :Respondent/Complainant PRAYER: This Criminal Original Petition has been filed under Section 439 (1)(b) of Criminal Procedure Code, to call for the records of the learned Judicial Magistrate No.II, Ramanathapuram in Cr.M.P.No.2664 of 2018 and set aside the second condition imposed in Cr.M.P.No.2664 of 2018 by order dated 30.10.2018 and modify the same.

For Petitioner : Mr.D.Rameshkumar For Respondent : Mr.M.Asokan,Government Advocate (Crl. Side)

ORDER

This petition has been filed by the petitioner seeking to modify one of the conditions imposed by the Court below in Cr.M.P.No.2664 of 2018, while granting bail to the petitioner. 2.The learned counsel for the petitioner submits that the Court below has granted bail to the petitioner on 30.10.2018 with certain conditions and one of the conditions is that the two sureties should be blood relatives. But, the parents of the petitioner are no more and he is facing great difficulty in arranging the sureties of blood relatives. However, he would produce sureties of relatives. Therefore, he requested to modify the said condition.

3.Considering the above submission of the learned counsel for the petitioner, instead of "blood relatives" the petitioner shall furnish "sureties of two relatives to the satisfaction of the concerned Magistrate". The order of the Court below is modified to that extend. In other respects, the order of the Court below remains unaltered. Accordingly, this criminal original petition is allowed.

Sd/- Assistant Registrar (Crl.side) / TRUE COPY / Sub Assistant Registrar (CS-2) To:1.The Judicial Magistrate No.II, Ramanathapuram. 2.The Sub Inspector of Police, Kenikarai Police Station, Ramanathapuram District.

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

KK/SV/SAR 2/28.11.2018/1p/4c. Crl.O.P.(MD).No.20999 of 2018 28.11.2018 https://hcservices.ecourts.gov.in/hcservices/