Suresh @ Kulithalai Suresh v. The Inspector Of Police
Crl.O.P.(MD) No.20061 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.20061 of 2021 Suresh @ Kulithalai Suresh .. Petitioner/Petitioner Vs.
State represented by The Inspector of Police, Kovilpatti East Police Station, Tuticorin District.
.. Respondent / Respondent PRAYER: Criminal Original Petition is filed under Section 439 (1) (b) r/w 482 of Cr.P.C, to modify the condition stipulated in Cr.M.P.No.7667 of 2021 on the file of the learned Judicial Magistrate No.I, Kovilpatti, dated 23.10.2021. For Petitioner : Mr.C.Mayilvahana Rajendran For Respondent : Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side)
ORDER
This petition has been filed seeking modification of the condition stipulated in Cr.M.P.No.7667 of 2021 on the file of the learned Judicial Magistrate No.I, Kovilpatti, dated 23.10.2021. 2.By the order dated 18.10.2021, finding that the petitioner is entitled for the statutory bail, order has been passed on condition that he must execute a bond for a sum of Rs.10,000/- with two sureties like sum to the satisfaction of the Court. Later it appears that since the petitioner is involved in 33 number of previous cases, the condition imposed upon the petitioner on 18.10.2021 was modified to the effect that he must execute bond for a sum of Rs.20,000/- with three sureties and two of them shall be blood relations to the accused.
3.Considering the fact that the petitioner is having 33 previous cases, such an order has been passed. But review of the trial Court may not be proper on the part of the trial Court. 4.The learned Additional Public Prosecutor submitted that charge sheet has been filed before the learned Judicial Magistrate No.I, Kovilpatti, on 28.07.2021, but it has not been taken on file so far. Since the final report has been filed, before the concerned Court, the concerned Judicial Magistrate, shall process the same as per the Rules immediately. The original condition imposed on the petitioner on 18.10.2021 shall stand restored. https://hcservices.ecourts.gov.in/hcservices/ 1/2
Crl.O.P.(MD) No.20061 of 2021 5.This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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 Judicial Magistrate No.I, Kovilpatti.
2. The Inspector of Police, Kovilpatti East Police Station, Tuticorin District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.C.MAYILVAHANARAJENDRAN, Advocate ( SR-39003[F] dated 16/12/2021 ) Crl.O.P.(MD)No.20061 of 2021 16.12.2021 USK (23.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2