Stalin @ Stalin Muthu v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twelfth day of November Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH IN CRL OP(MD) No.18685 of 2024 STALIN @ STALIN MUTHU ... PETITIONER/PETITIONER Vs THE STATE OF TAMIL NADU REP BY THE INSPECTOR OF POLICE, THANJAVUR TOWN POLICE STATION, THANJAVUR DISTRICT.
CRIME NO. 33/2015 ... RESPONDENT/RESPONDENT Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to modify the above said condition as Para no.5(i) out of two sureties one surety shall be the local surety and another one shall be the blood surety and the sureties shall affix their photographs and left thumb impression in the surety bond and the magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity," as per order dated 30.10.2024 in Crl.O.P(MD). No.18685 of 2024 on the file of this Hon'ble Court. Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.K.M.KARUNAKARAN, Advocate for the petitioner and of Mr.A.ALBERT JAMES, Government Advocate(Crl.side) on behalf of the Respondent, the Court made the following order:- 1/3
This petition has been filed seeking modification of condition imposed on the petitioner by this Court in Crl.O.P(MD) No.18685 of 2024 in paragraph No.5(i), wherein, this Court insisted for one blood surety, out of two sureties. 2.The learned counsel for the petitioner submitted that the father of the petitioner is aged about 80 years and his mother is aged about 76 years. Because of the criminal case, his wife refused to stand as a surety for the petitioner. Therefore, the petitioner is not in a position to come out on bail and his custody is continuing for more than 112 days.
3.The learned Government Advocate (Crl.Side) on instructions submitted that the case is now in the stage of questioning under Section 313(1)(b) of Cr.P.C. 4.Taking into consideration of the facts and circumstances of the case and the submissions made on either side, the condition imposed in paragraph No.5(i) is modified to the effect that "Out of two sureties, one surety shall be a local surety and other surety shall be a regular surety and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned Court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity". 2/3
6.Accordingly, this Criminal Miscellaneous Petition stands disposed of in the above terms.
sd/- 12/11/2024 / TRUE COPY / 12/11/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
PNM TO 1 THE ADDITIONAL DISTRICT JUDGE/ PRESIDING OFFICER, SPECIAL COURT UNDER ESSENTIAL COMMODITIES ACT, THANJAVUR.
2 THE INSPECTOR OF POLICE, THANJAVUR TOWN POLICE STATION, THANJAVUR DISTRICT.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN IN CRL OP(MD) No.18685 of 2024 Date :12/11/2024 SS/SAR- /12/11/2024/ 3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3