IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.06.2017 CORAM
THE HONOURABLE MR.JUSTICE S. BASKARAN
Crl.O.P.No.11028 of 2017 Deva @ Arunpandian .. Petitioner Vs State Represented by The Inspector of Police (Crime), R-2, Kodambakkam Police Station, Chennai - 600 024.
(Crime No.448/2017) .. Respondent Petition is filed under Section 439(i)(b) of the Criminal Procedure Code, praying to modify the condition imposed in the bail application in M.P. No.1142 of 2017, on the file of the XVII Metropolitan Magistrate, Saidapet, Chennai dated 27.03.2017 in respect of the condition that the petitioner/petitioner/1st accused herein is one document surety one blood relative surety.
For Petitioner : M/s. S. Vijay Anand For Respondent : Mr.R. Sekar, Government Advocate (Crl. Side) O R D E R This petition has been filed for modification of the condition imposed by the learned XVII Metropolitan Magistrate, Saidapet, Chennai, in the bail order dated 27.03.2017 in M.P. No.1142 of 2017.
2. While granting bail in respect of the offences under Section 379 of IPC, the lower Court has directed the petitioner to execute a bond for Rs.5,000/- with two proper sureties for a similar sum and the petitioner was also directed to furnish one document surety along with one blood relative document surety.
3. The learned counsel for the petitioner would contend that since the petitioner belongs to very poor family and no one possess any immovable property in his blood relationship, the petitioner could not comply with the onerous condition imposed by the lower Court. Further, he would submit that the petitioner finds it difficult in insisting his relatives to stand as a surety for him before the Court, as most of the relatives did not co-operate for the same. Hence, he seeks for modification of the condition imposed by the learned XVII Metropolitan Magistrate, Saidapet, Chennai.
4. Heard the learned Government Advocate (crl.side) for the respondent.
5. Considering the facts and circumstances of the case, the condition imposed in the bail order dated 27.03.2017 passed in M.P.No.1142 of 2017 by the learned XVII Metropolitan Magistrate, Saidapet, Chennai, is modified and the petitioner shall execute a bond for a sum of Rs.5,000/- with two proper sureties for a similar sum and the petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty thousand only) as cash security to the credit of Crime No.448 of 2017, before XVII Metropolitan Magistrate, Saidapet, Chennai-15, within a period of two weeks from the date of execution of bail bond, instead of the document surety imposed by the court below, in respect of the petitioner and the blood relative. The other conditions imposed by the above said court shall stand unaltered.
6. With the above modification, this petition is disposed of.
14.06.2017
Index : Yes/No Internet : Yes/No lbm S.BASKARAN,J.
Lbm To
1. The Inspector of Police (Crime), R-2, Kodambakkam Police Station, Chennai - 600 024.
2. The Government Advocate (Crl. Side) High Court, Madras Crl.O.P.No.11028 of 2017 14.06.2017 http://www.judis.nic.in