IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.01.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.25817 of 2016 Vivek ... Petitioner Vs The State, rep by The Inspector of Police, Sulur Police Station, Coimbatore. ... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to modify the condition imposed to the petitioners in the bail order granted by the Principal District and Sessions Judge of Coimbatore (I Additional District and Sessions Judge, Principal District and Sessions Judge (i/c) in Crl.M.P.No.1602 of 2016 on 26.7.2016.
For Petitioner : Mr.R.Subramanian For respondent : Mr.C.Emalias, Addl. Public Prosecutor ORDER The present criminal original petition has been filed to modify the condition imposed on the petitioner in Crl.M.P.No.1602 of 2016 dated 26.7.2016 on the file of the learned I Additional District and Sessions Judge, Principal District and Sessions Judge (i/c), Coimbatore.
2. It is the case of the petitioner that he filed a petition in Crl.M.P.No.1602 of 2016 before the learned I Additional District and Sessions Judge, Principal District and Sessions Judge (i/c), Coimbatore, seeking bail and the learned Judge, by order dated 26.7.2017, granted bail to the petitioner on certain conditions. One of the conditions is that the petitioner shall execute a bond for Rs.1,00,000/- with two sureties (one surety must be blood relative) for a like sum each to the satisfaction of Judicial Magistrate No.7, Coimbatore. Since the petitioner's mother had already expired, he is unable to furnish blood surety. In view of the same, he is not in a position to avail the benefit of the said order. Hence, seeking modification of the said order, the petitioner has come up with the present petition.
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.
5. Accordingly, the condition imposed on the petitioner in Crl.M.P.No.1602 of 2016 dated 26.7.2016, by the learned I Additional District and Sessions Judge, Principal District and Sessions Judge (i/c), Coimbatore, viz., “the petitioner shall execute a bond for Rs.1,00,000/- with two sureties (one surety must be blood relative) for a like sum each to the satisfaction of Judicial Magistrate No.7, Coimbatore. “ is hereby modified as follows:-
“ The petitioner shall be released on bail, on his executing a bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with three sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.7, Coimbatore. “ The other conditions shall remain unaltered. The criminal original petition is ordered accordingly.
24.01.2017 Index:Yes/No sbi To
1. The I Additional District and Sessions Judge, R.MAHADEVAN, J sbi Principal District and Sessions Judge (i/c), Coimbatore
2. The Inspector of Police, Sulur Police Station, Coimbatore.
3. The Public Prosecutor, High Court, Madras.
Crl.O.P.No.25817 of 2016 DATED: 24.1.2017