IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.02.2017 CORAM THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.4266 of 2017 & Crl.M.P.Nos.3203 & 3204 of 2017 Vimal D.Shah ... Petitioner/Accused Vs State of Tamil Nadu rep. by:
The Drug Inspector, The Assistant Director Drugs Control, Coimbatore, CBE Zone, 219, Race Course Road, Coimbatore – 18.
.. Respondent Criminal Original Petition has been filed under Section 482 Cr.P.C. against the order the learned Judicial Magistrate-III, Coimbatore, dated 09.01.2017 made in M.P.No.132 of 2017 in STC.No.68 of 2016 and to set aside the same.
For Petitioner : Mr.Sandeep S. Shah For Respondent : Mr.C.Emalias, Addl. Public Prosecutor ORDER Imposing a condition to execute a bond for a sum of Rs.10,000/- with two sureties while recalling the warrant issued against the petitioner, the learned Judicial Magistrate-III, Coimbatore had passed an order, against which the present Criminal Original Petition has been filed.
2. Learned counsel appearing for the petitioner would submit that the native of the petitioner is Gujarat and he does not know anyone in Coimbatore hence, he is unable to execute the sureties as ordered by the Court below. However, he would also submit that he is ready and willing to produce personal bond instead of sureties even for more value.
3. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the respondent.
4. Taking into consideration the fact that the petitioner is not the resident of Coimbatore and he is ready and willing to execute his personal bond, the condition imposed by the learned Judicial Magistrate No.III, Coimbatore is modified as follows:
“The petitioner is directed to execute his personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) instead of Rs.10,000/- with two sureties as ordered by the court below.
5. With the above modification, this Criminal Original Petition is disposed of. Consequently connected miscellaneous petition in Crl.M.P.No.3203 of 2017 is closed and Crl.M.P.No.3204 of 2017 is dismissed.
28.02.2017 Index:Yes/No smi To
1. The Judicial Magistrate-III, Coimbatore
2. The Drug Inspector, The Assistant Director Drugs Control, Coimbatore, CBE Zone, 219, Race Course Road, Coimbatore – 18.
3. The Public Prosecutor, High Court, Madras.
V.BHARATHIDASAN, J.
smi Crl.O.P.No.4266 of 2017 DATED: 28.02.2017