The petitioner sought modification of a bail condition requiring a bond of Rs.25,000 with two sureties. Finding the petitioner unable to secure such sureties due to poverty, the Court modified the condition to require a bond of Rs.10,000 with two sureties.
The bail condition was modified from a bond of Rs.25,000 to a bond of Rs.10,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Friday, the Twenty Second day of October Two Thousand Twenty One
PRESENT
The Hon`ble Mr Justice P. N. PRAKASH
The Hon`ble Mrs Justice S. SRIMATHY
CRIMINAL MISCELLANEOUS PETITION No.10526 of 2021
IN CRL.A.No.116 of 2021
GOVINDAN @ GOVINDARAJ [ PETITIONER / APPELLANT / ACCUSED ]
Vs
STATE REP.BY [ RESPONDENT / COMPLAINANT ] THE INSPECTOR OF POLICE, ATTAYAMPATTI POLICE STATION, SALEM DISTRICT. CRIME NO.291 OF 2017.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to modify the condition imposed in para 10(i) of the bail order that is the petitioner shall execute a bond for a sum of Rs.25,000 with two sureties of whom one should be a blood relative, each for a likesum to the satisfaction learned III Additional District and Sessions Judge, Salem into submit a blood surety without solvency for Rs.25,000/- and exexuting bond for the same amount passed in Crl.M.P.No.2973 of 2021 in Crl.A.No.116 of 2021 on the file of this Honourable Court, vide order dated 24.06.2021 and thus render justice.
Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.A.ABDUL LATHIF, Advocate for the Petitioner and of M/S.R.MUNIYAPPARAJ, ADDITIONAL PUBLIC PROSECUTOR, on behalf of the Respondent the court made the following order:-
(Made by P.N.PRAKASH,J.)
This petition has been filed to modify the bail condition imposed by this Court vide order dated 24.06.2021 passed in Crl.M.P.No.2973 of 2021 in Crl.A.No.116 of 2021.
“10.(i) The petitioner shall execute a bond for a sum of Rs.10,000/- with two sureties, of whom, one should be a blood relative, each for a like sum to the satisfaction of the learned III Additional District and Sessions Judge, Salem.”
The rest of the conditions imposed by this Court in order dated 24.06.2021 passed in Crl.M.P.No.2973 of 2021 in Crl.A.No.116 of 2021 shall remain the same.
-sd/-
22/10/2021
This order, on being produced, be punctually observed and carried into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO
1 THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, SALEM.
2 THE INSPECTOR OF POLICE, ATTAYAMPATTI POLICE STATION, SALEM DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE. 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
C.C. to M/S.A.ABDUL LATHIF Advocate on payment of necessary charges
Order
in
CRL MP.10526/2021 in
CRL A.116/2021
Date :22/10/2021
From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format
JPA 27/10/2021
2 issues framed by the court
Whether bail conditions requiring sureties can be modified due to the petitioner's poverty.
What modification can the court make to the bond amount and surety requirements.
GOVINDAN @ GOVINDARAJ
STATE
P. N. PRAKASH
S. SRIMATHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
