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Sumathi v. the Sub Inspector of Police

Madras HC9 Jan 2019CRL OP/673/2019

Case brief

AI extract

What is this about?

Under Section 439(1)(b) Cr.P.C., a two-judge bench modified bail conditions imposed on the petitioners in a Section 379 IPC case. The court replaced the requirement for a blood surety with a bond of Rs. 10,000 each with two ordinary sureties.

What did the court decide?

Modification of bail conditions to require a bond of Rs. 10,000 each with two ordinary sureties instead of a blood surety.

Sumathi Vs the Sub Inspector of Police — Bail and Remand | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.01.2019 CORAM:

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THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

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CRL.O.P.No.673 of 2019

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1.Sumathi
2.Anitha
State rep. by
The Sub-Inspector of Police,
Maduranthakam Police Station,
Maduranthakam,
Kancheepuram District.
Crime No.500 of 2018.

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... Petitioners
Vs.
... Respondent

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PRAYER: Criminal Original Petition filed under Section 439(1)(b) Cr.P.C. praying to modify the condition imposed on the petitioners herein by the Judicial Magistrate, Maduranthagam in Crl.M.P.No.6175 of 2018 vide order dated 27.12.2018.

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For Petitioners : Mr.R.Dhanasekar
For Respondent : Mrs.M.Prabhavathi
Additional Public Prosecutor

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O R D E R

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This petition has been filed for modification of the conditions imposed on the petitioners herein by the Judicial Magistrate, Maduranthagam in Crl.M.P.No.6175 of 2018 vide order dated 27.12.2018.

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The learned counsel for the petitioners would submit that the petitioners were arrested and remanded to judicial custody on 11.12.2018 alleging that they have committed an offence punishable under Section 379 IPC. Thereafter, the petitioner was granted bail by the learned Judicial Magistrate, Maduranthagam on 27.12.2018 with certain conditions that the petitioners shall furnish two sureties and one should be a blood surety and they should furnish permanent residence certificate.

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https://hcservices.ecourts.gov.in/hcservices/

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He would further submit that the petitioners are deserted by their husband and none of the relatives are coming forward to give surety to these petitioners, hence he prays to modify the said condition imposed by the learned Judicial Magistrate, Maduranthagam.

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4. Heard both sides.

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In view of the submissions made on both sides this court is inclined to modify the condition imposed by the learned Judicial Magistrate, Maduranthagam. Accordingly, the condition is modified to the effect that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties each instead of blood surety.

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6.This Criminal Original Petition is ordered accordingly.

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Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
To
1.The Judicial Magistrate,
Maduranthakam.

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2.The Superintendent of Central Prison Puzhal, Chennai. 3.The Sub-Inspector of Police, Maduranthakam Police Station, Maduranthakam, Kancheepuram District.

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4.The Public Prosecutor, High Court of Madras, Chennai. +1cc to Mr.R.Dhanasekar, Advocate, S.R.No.644 CRL.O.P.No.673 of 2019

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GSP(09/01/2019)

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https://hcservices.ecourts.gov.in/hcservices/

Sumathi v. the Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

Sumathi v. the Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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