IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.01.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.185 of 2017 Amar Kumar Yadhav ... Petitioner Vs State re. By The Inspector of Police, Melpadi Police Station, Vellore District. ... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to modify the order passed by the learned Principal Sessions Judge, Vellore, Vellore District, in Crl.M.P.No.4408 of 2016 dated 8.11.2016 as regular surety instead of the petitioner / accused is ordered to be enlarged on bail on executing a bond for a sum of Rs.10,000/- each along with two sureties each (one surety should be a central / State Government servant) for the like sum to the satisfaction of the Judicial Magistrate, Katpadi.
For Petitioner : Mr.E.Kannadasan For respondent : Mr.C.Emalias, Addl. Public Prosecutor ORDER The present criminal original petition has been filed to modify the order passed by the learned Principal Sessions Judge, Vellore, Vellore District, in Crl.M.P.No.4408 of 2016 dated 8.11.2016 as regular surety instead of the petitioner / accused is ordered to be enlarged on bail on executing a bond for a sum of Rs.10,000/- along with two sureties each (one surety should be a central / State Government servant) for the like sum to the satisfaction of the Judicial Magistrate, Katpadi.
2. It is the case of the petitioner that he was granted bail by the learned Principal Sessions Judge, Vellore, in Crl.M.P.No.4408 of 2016 on 8.11.2016 on certain conditions. One of the conditions is that the petitioner shall execute a bond for a sum of Rs.10,000/- along with two sureties each (one surety should be a Central / State Government servant) for the like sum to the satisfaction of the Judicial Magistrate, Katpadi. Since the petitioner is the native of Bihar and neither his relatives nor his friends are working in Central or State Government, he is unable to comply with the said order and hence, he is not in a position to come out on bail. Hence, the petitioner has come up with the present petition seeking modification of the said condition.
3. Learned Additional Public Prosecutor has no serious objection to modify the said condition imposed on the petitioner.
4. Considering the facts and circumstances of the case, this Court is inclined to modify the said condition to the effect that instead of Central / State Government Servant surety, the petitioner shall furnish one more surety.
5. Accordingly, the condition imposed on the petitioner in Crl.M.P.No.4408 of 2016 dated 8.11.2016 by the learned Principal Sessions Judge, Vellore, viz., the petitioner / accused is ordered to be enlarged on bail on executing a bond for a sum of Rs.10,000/- along with two sureties each (one surety should be a central / State Government servant) for the like sum to the satisfaction of the Judicial Magistrate, Katpadi is modified as follows:-
“ the petitioner - Amar Kumar Yadhav / accused is ordered to be enlarged on bail on executing a bond for a sum of Rs.10,000/- along with three sureties each for the like sum to the satisfaction of the Judicial Magistrate, Katpadi.“ The other conditions shall remain unaltered. The criminal original petition is ordered accordingly.
09.01.2017 Index:Yes/No sbi Note: Issue order copy on 10.1.2017. To
1. The Principal Sessions Judge, Vellore, Vellore District
2. The Inspector of Police, Melpadi Police Station, Vellore District.
3. The Public Prosecutor, High Court, Madras.
R.MAHADEVAN, J sbi Crl.O.P.No.185 of 2017 DATED: 9.1.2017 http://www.judis.nic.in