The High Court in Chennai dismissed a Criminal Original Petition seeking modification of bail conditions. The petitioner sought to reduce the daily reporting requirement from 30 days to 20 days, citing financial difficulties and compliance for over 20 days. The Court was not inclined to modify the conditions and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.01.2019
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
CRL.O.P.No.633 of 2019
Hazar Abbas
... Petitioner
Vs.
State rep. by The Inspector of Police, Central Crime Branch – II, Chennai. Crime No.210 of 2018.
... Respondent
PRAYER: Criminal Original Petition filed under Section 439(1)(b) Cr.P.C. praying to modify the condition imposed by the Judicial Magistrate, Alandur in Crl.M.P.No.7013 of 2018 dated 14.12.2018.
For Petitioner : Mr.S.Saranraj For Respondent : Mrs.M.Prabhavathi Additional Public Prosecutor O R D E R
This petition has been filed for modification of the conditions imposed by the Judicial Magistrate, Alandur in Crl.M.P.No.7013 of 2018 dated 14.12.2018.
“Accordingly petitioner is released on bail on executing a bond for a sum of Rs.10,000/- with 2 sureties for the like sum and on further condition that he shall report before the respondent/ police daily at 10.30 a.m for a period of 30 days. ”
The learned counsel for the petitioner would further submit that the petitioner worked in Dubai and lost his job, now he is the only bread winner to look after his family and there is no other source of income to maintain his family and he is also
complying with the condition from 20.12.2018, for more than 20 days. Hence, he seeks for modification of the said condition to 20 days instead of 30 days.
2 issues framed by the court
Whether the conditions of bail imposed by the Magistrate should be modified to reduce the reporting period from 30 days to 20 days.
Whether the petitioner's financial hardship and continued compliance justify a relaxation of bail conditions.
1 provisions across 1 enactments
Hazar Abbas
State rep. by The Inspector of Police, Central Crime Branch – II, Chennai
G.K. Illanthiraiyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
