Maniayyappan v. The Inspector Of Police

CRL OP(MD). No.20013 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/12/2021 PRESENT THE HON`BLE MR.JUSTICE G.ILANGOVAN CRL OP(MD). No.20013 of 2021 Maniayyappan S/o.Anbudasan, ... Petitioner/Accused Vs The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

Cr.No.282 of 2021.

... Respondent/Complainant For Petitioner : M/s. Dhilipan Pandian.R.L, Advocate.

For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR MODIFICATION OF CONDITION Under Sec.482 r/w 439 (1)(b) of Cr.P.C PRAYER :- To modify the condition imposed by the learned District Munsif Cum Judicial Magistrate, Thiruppuvanam, Madurai District in Crl.M.P.No.2227 of 2021 vide his order dated 28/09/2021 by permitting the petitioner to execute a bond for Rs.20,000/- each with two sureties instead of execute a bond for Rs.20,000/- each with blood sureties pursuant to the said order. ORDER : The Court made the following order :- This petition has been filed to modify the condition imposed by the learned District Munsif Cum Judicial Magistrate, Thiruppuvanam, Madurai District in Crl.M.P.No.2227 of 2021 vide his order dated 28/09/2021 by permitting the petitioner to execute a bond for Rs.20,000/- each with two sureties instead of execute a bond for Rs.20,000/- each with blood sureties pursuant to the said order.

2. The learned counsel for the petitioner submitted that he was unable to execute two blood sureties and also the fact that the petitioner's parents are aged persons and they also suffering from old age aliments. Hence, he seeks modification. 3.Normally this Court will not entertain this kind of petitions, however, after statutory bail period, this petitioner was https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.20013 of 2021 released on bail in Cr.M.P.No.2227 of 2021 dated 28.09.2021, on condition that the petitioner must execute a bond for a sum Rs.20,000/- each with two blood sureties. Eventhough, the bail was granted in the month of September, the petitioner is unable to come out from prison for non execution of the sureties. 4.Considering the facts and the circumstances of this case, the condition imposed by the learned District Munsif Cum Judicial Magistrate, Thiruppuvanam, Madurai District in Cr.M.P.2227 of 2021 dated 28.09.2021 is modified and the petitioner is directed to execute a bond for Rs.20,000/- each with two sureties for a like sum.

4.Accordingly, this Criminal Original Petition is ordered. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) TTA 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 District Munsif Cum Judicial Magistrate, Thiruppuvanam.

2.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

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

+1cc to Mr.R.L.DHILIPAN PANDIAN,Advocate,SR.No.9404 DATED:17.12.2021

ORDER

IN CRL OP(MD) No.20013 of 2021 Date : 15/12/2021 NSN(CO) GC(27.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2