The Madurai Bench of Madras High Court modified a bail condition in a SC/ST POA Act case, replacing the requirement for one surety to be a blood relative with a requirement for two sureties each for Rs.10,000.
Modified bail condition to require execution of a bond for Rs.10,000 with two sureties each for similar sums.
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.
CRL MP(MD). No.6690 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Criminal Appellate Jurisdiction
Thursday, the Tenth day of December Two Thousand Twenty
PRESENT
The Hon`ble Mr.Justice M.GOVINDARAJ
CRL MP(MD). No.6690 of 2020 in CRL A(MD). 311 of 2020
Lingeswaran
... Petitioner/Appellant
Vs
Prayer in CRL MP(MD). No.6690 of 2020:-
This Criminal Miscellaneous Petition filed under Section 482 of the Criminal Procedure Code, praying this Court, to modify the condition 6(i) imposed by this Honorable court in Crl.A(MD) No.311 of 2020 dated 11.11.2020 to the effect that the petitioner should execute two sureties for a sum of Rs.10000 of whom, one should be a blood relative suitably.
Prayer in CRL A(MD). 311/ 2020 :
This Criminal Appeal is filed under Section 14A(2) of Scheduled Castes and the Scheduled Tribes (Prevetion of Atrocities) Act, 1989, praying this Court, to call for the records pertaining to the order dated 24.09.2020 made in Crl.MP No.214 of 2020 on the file of the Sessions Judge, Special Court for Exclusively trial of cases under SC/ST(POA) Act, Dindigul and set aside the same and enlarge the appellant on bail in connection with the case in Crime No.441 of 2020 on the file of the Second Respondent.
ORDER:- This Criminal Miscellaneous Petition coming on for hearing on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.D.Venkatesh, Advocate for the Petitioner and of Mr.S.Chandrasekar , Additional Public Prosecutor for the respondents 1 and 2, this Court made the following order:
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CRL MP(MD). No.6690 of 2020
The present petition has been filed seeking to modify the condition 6(i) imposed by this Court in Crl.A.(MD)No.311 of 2020, dated 11.11.2020.
Assistant Registrar(CO)
// True Copy //
/ /2020
Sub Assistant Registrar(CS)
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO
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CRL MP(MD). No.6690 of 2020
Copy to
ORDER DATED : 10/12/2020
==========================
FOR MODIFICATION ==========================
CRL MP(MD). No.6690 of 2020
in
CRL A(MD). 311 of 2020
Giving direction and etc. as stated within.
srk(CO) TR(10.12.2020) 3P 6C
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2 issues framed by the court
Whether the condition requiring two sureties with one as a blood relative should be modified to a bond with two sureties each for like sum.
Whether the Criminal Miscellaneous Petition seeking modification of bail conditions should be allowed.
2 provisions across 2 enactments
Lingeswaran
Deputy Superintendent Of Police Palani Sub-Division, Dindigul District
Inspector of Police Palani Adivaram Police Station, Dindigul District
Ananth
M.GOVINDARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
