Dibakar Karakaria v. The State Of Tamilnadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/09/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD).No.14426 of 2025 Dibakar Karakaria, S/o.Rohidas Karakaria, ... Petitioner Vs The State of Tamil Nadu, Rep by the Inspector of Police, Dindigul NIBCID Police Station, Dindigul District.
Crime No.14/2025.
... Respondent/Complainant For Petitioner : Mr.M.Suresh Advocate.
For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR MODIFICATION Under Sec.528 of BNSS PRAYER :- To modify the condition imposed in the order made in Crl.MP.No.2967/2025 passed by the learned Principal Special Court for Narcotic Drugs and Psychotropic Substances Act Cases, Madurai dated 02.08.2025.
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ORDER : The Court Made the following order :- This petition has been filed to modify the condition imposed in the order made in Crl.MP.No.2967 of 2025 dated 02.08.2025 on the file of the learned Principal Special Court for Narcotic Drugs and Psychotropic Substances Act Cases, Madurai.
2. The learned counsel for the petitioner would submit that this petitioner had filed a bail petition before the learned Principal Special Court for Narcotic Drugs and Psychotropic Substances Act Cases, Madurai. The Trial Court had granted bail to the petitioner by way of order dated 02.08.2025 with certain conditions. The condition imposed by the trial Court is as follows : - 'This petitioner is ordered to be released on bail on executing a bond for a sum of Rs.25,000/- along with two sureties out of which one surety belongs to petitioner native in a proper manner and another one surety is blood surety for the said sum to the satisfaction of this Court, with a further condition that the petitioner shall appear and sign before the respondent police station daily twice in a day at 10.00a.m. And 05.00p.m. for the period of 30 days and thereafter he should appear before the respondent police station at 10.00a.m. Once in a month on the 3rd working day of English Calender month until the case is taken on file and the petitioner shall not indulge in any similar offences in future .'' 2/6
3. He further submits that though the petitioner was ordered to be released on bail, he was unable to furnish the sureties due to the condition imposed on the bail order particularly one surety belongs to petitioner's native in a proper manner. Since the petitioner originally belongs to Rajasthan and he was unable to furnish one surety from Rajasthan. Since the petitioner is working in Dindigul District for the past seven years. This petitioner is ready and willing to produce sureties from the local District i.e., from Dindigul District. Hence, the petitioner seek indulgence of this court by modifying the said condition imposed against him. Hence, he prays for allow this present modification petition.
4. The learned Government Advocate (Crl.side) appearing for the respondent has not raised any objection to allow this Criminal Original Petition.
5. Considering the submissions made by the learned Counsel for the Petitioner and being satisfied with the reasons stated above, this Court is inclined to modify the condition in the order made in 3/6
Crl.MP.No.2967 of 2025 dated 02.08.2025. Accordingly, Condition is modified as ''the petitioner shall execute a bond for a sum of Rs.25,000/- along with two sureties out of which, one surety must be a local surety with solvency certificate and another one surety must be a blood surety without solvency certificate ''. The other conditions shall remain unaltered.
6. With the above said modifications, this Criminal Original Petition is allowed.
(S S Y J) 03.09.2025 gvn Note :
Issue order copy on 03.09.2025 4/6
To:-
1. The Additional District Judge, The Principal Special Court for NDPS Act Cases, Madurai.
2. The Inspector of Police, Dindigul NIBCID Police Station, Dindigul District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY, J.
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ORDER
in CRL OP(MD).No.14426 of 2025 Dated : 03/09/2025 6/6