In a modification petition challenging an anticipatory bail order, the petitioner sought to change the surety production location from Kulithurai to Tirunelveli. The High Court found no valid reason to alter the existing condition and dismissed the petition.
The petition for modification of the condition to produce surety is dismissed.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Thursday, the Twenty Third day of November Two Thousand Seventeen
PRESENT
The Hon`ble Mr.Justice M.DHANDAPANI
CRL MP(MD) No.10633 of 2017 IN CRL OP(MD) No.14667 of 2017
SANTHOSH ... PETITIONER/PETITIONER
Vs
THE STATE REP.BY, THE INSPECTOR OF POLICE NITHIRAIVILAI POLICE STATION, KANYAKUMARI DISTRICT.
CR NO. 260/2017. ... RESPONDENT/COMPLAINANT
Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to Modify the order to produce surety before the Learned Judicial Magistrate, Kulithurai, Kanyakumari District to any other Magistrate Court, Tirunelveli District in Crl.O.P.(MD)NO.14667/2017 dated 31.10.2017 passed by this Honourable Court.
Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.M.GANESAN, Advocate for the petitioner and of MR.K.ANBARASAN, Government Advocate(Crl.Side) on behalf of the Respondent the court made the following order:-
The Petitioner filed this modification petition to produce surety before the learned Judicial Magistrate, Kulithurai, Kanyakumari District to any other Magistrate Court, Tirunelveli District in Crl.O.P.(MD)No.14667 of 2017 dated 31.10.2017.
2.Heard the learned counsel for the petitioner.
3.The Learned Government Advocate (Crl. Side) appearing for the respondent Police submitted that the petitioner initially accepted to produce two sureties before the learned Judicial Magistrate, Kuzhithurai, Kanyakumari District in order to get anticipatory bail before this Court. Accordingly, as per the request of the learned counsel for the petitioner, the said condition was imposed.
4.Considering the facts and circumstances of the case and also https://hcservices.ecourts.gov.in/hcservices/ considering the learned Government Advocate (Crl.side), there is no valid reason to modify the order passed by this Court in Crl.O.P.
(MD)No.14667 of 2017, dated 31.10.2017, I am not inclined to modify the condition. Accordingly, this petition is dismissed.
sd/23/11/2017 / TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
ORDER IN CRL MP(MD) No.10633 of 2017 IN CRL OP(MD) No.14667 of 2017 Date :23/11/2017 MKV-PM-PN-SAR 4/29.11.2017/2P-5C
1 issue framed by the court
Whether the condition to produce surety before the Judicial Magistrate, Kulithurai should be modified to any other Magistrate Court, Tirunelveli District.
SANTHOSH
THE STATE
M.DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
