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Madras High CourtCRL MP(MD)/7506/2025allowed

Alex v. State Of Tamilnadu Rep By Inspector Of Police, Pudukkottai

2025-06-18Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI in CRL OP(MD).No.8984 of 2025 Alex, S/o.Sundaram, ... Petitioner/Accused Vs The State of Tamil Nadu, Rep by the Inspector of Police, Ponnamaravathi Police Station, Pudukottai District.

Crime No.300/2022.

... Respondent/Complainant For Petitioner : Mr.S.Poornachandran Advocate.

For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) PETITION FOR MODIFICATION Under Sec.528 of BNSS 1/4

PRAYER :- To modify the condition in Para.No.6 imposed in Crl.OP(MD).No.8984 of 2025 dated 28.05.2025.

ORDER : The Court Made the following order :- This petition has been filed to modify the condition in Para No.6 imposed in Crl.OP(MD).No.8984 of 2025 dated 28.05.2025.

2. The learned counsel for the petitioner submitted that the petitioner is the second accused in Crime No.300 of 2022, he filed a bail application before this Court on 20.05.2025 in Crl.OP.(MD).No.8984 of 2025. The said bail petition was heard and ordered on 28.05.2025, this Hon'ble Court was pleased to grant bail to the petitioner with certain conditions. In the said bail order, Para.6 of the said bail order is as follows:

''6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.1,00,000/- (Rupees One Lakhs only) with two sureties, out of which, one shall be a Government Surety, each for a like sum to the satisfaction of learned Sessions Judge, Mahila Court, Pudukottai and on further conditions that :''

3. He further submits that though this Hon'ble Court passed order on 2/4

28.05.2025, the petitioner is not able to procure Government Surety. Even after a liberty order has been granted by this Court, the petitioner is languishing at jail since he could not procure government surety. Hence, the petitioner seek indulgence of this court by modifying the condition imposed against him with regard to producing government surety so as to enable him to enjoy the fruit of the above said order. It is noteworthy to mention that none of the petitioner's relatives are employed in the Government Service. Hence, he prays for modification of the said condition.

4. The learned Government Advocate (Crl.side) appearing for the respondent has not raised any objection to allow this Criminal Miscellaneous Petition.

5. Considering the submissions made by the learned Counsel for the Petitioner and being satisfied with the reasons stated in the accompanying affidavit, this Court is inclined to modify the Para.No.6 in the order made in Crl.O.P(MD). No.8984 of 2025 dated 28.05.2025. Accordingly, Para.6 is modified as ''6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties, each for a like sum to the satisfaction of learned Sessions Judge, Mahila Court, 3/4

Pudukottai''. The other conditions i.e., 6(a) to (f) remain unaltered.

6. With the above said modification, this Criminal Original Petition is allowed. sd/- 18/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

gvn To

1. The Sessions Judge, Mahila Court, Pudukottai.

2.The Inspector of Police, Ponnamaravathi Police Station, Pudukottai District.

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

ORDER

IN CRL MP(MD) No.7506 of 2025 IN CRL OP(MD) No.8984 of 2025 Date :18/06/2025 HPS/08.07.2025 /4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4