IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 10.01.2017 CORAM THE HONOURABLE Dr.JUSTICE P.DEVADASS Crl.O.P.No.314 of 2017
1. Pushbaraj
2. Chandrakanth .. Petitioners Vs.
The State rep. by The Inspector of Police, CBCID [OCU] Police Station, Coimbatore District. .. Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to modify the condition imposed in C.M.P.No.1180 of 2016 dated 02.12.2016, on the file of the learned Chief Judicial Magistrate, Tiruppur.
For Petitioners : Mr.S.Manoharan For Respondent : Mr.K.Mathan, GA (Crl. Side) O R D E R Petitioners seek modification of certain portion of the bail condition imposed by the learned Chief Judicial Magistrate, Tiruppur in C.M.P.No.1180 of 2016 in Crime No.3 of 2016 dated 02.12.2016.
2. Petitioners were granted default bail under Section 167[2] Cr.P.C. In the bail order, the petitioners were directed to execute the bail bond for Rs.1,00,000/- with two sureties. Further, they were also directed to appear before the respondent Police daily twice, until further orders.
3. It is stated that the petitioners are very poor. The condition imposed on the petitioners is very harsh and they could not be able to comply with the same. Thus, they are in prolong incarceration.
4. Learned Government Advocate submits that these petitioners are concerned in a kidnapping case.
5. In the facts and circumstances of the case and considering the role alleged as against the petitioners, this condition appears to be harsh and it requires dilution.
6. Ordered as under :
[i] Bail condition imposed by the learned Chief Judicial Magistrate, Tiruppur in C.M.P.No.1180 of 2016 dated 02.12.2016 is modified to the effect that the petitioners as well as their sureties shall execute a bond for a sum of Rs.15,000/- to the satisfaction of the learned Chief Judicial Magistrate, Tiruppur and they shall appear before the respondent Police on every Monday and Friday at 10.00 a.m. for four weeks and thereafter, as and when required for interrogation.
10.01.2017 gya To
1. The Chief Judicial Magistrate, Tiruppur.
2. The Inspector of Police, CBCID [OCU] Police Station, Coimbatore.
3. The Public Prosecutor, High Court, Chennai.
Dr.P.DEVADASS. J, gya Crl.O.P.No.314 of 2017 10.01.2017 http://www.judis.nic.in