Arun v. the State Rep.by
Case brief
What is this about?
The High Court allowed a Criminal Original Petition directing the Metropolitan Magistrate to accept sureties and approve a bail bond for the petitioner, as the offence was bailable and delay was due to the petitioner's remote residence.
What did the court decide?
Such Criminal Original Petition allowed; directions given to lower court to accept the memory of satisfaction to execute the bail bond with sureties.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.04.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.OP.NO.7318 OF 2021
Arun ... Petitioner
Versus The State represented by Inspector of Police(L&O), K-3, Aminjikarai Police Station, Chennai - 600 029. ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Metropolitan Magistrate Court at Egmore, Chennai to accept the memorandum and bail bond for execution of sureties for the petitioner/accused namely Arun in Crime No.93 of 2021 on the file of the Inspector of Police (L&O), K-3, Aminjikarai Police Station, Chennai. For Petitioner : Mr.B.Ganesha Moorthy For Respondent : Mr.C.Raghavan, Government Advocate ORDER
The petitioner is the accused in Crime No.93 of 2021 for the offences punishable under Section 4(1)(A) of TNP Act.
- The contention of the learned counsel for the petitioner is that the respondent police arrested the petitioner and produced him before the learned V Metropolitan Magistrate, Egmore, Chennai on 17.03.2021. From the remand requisition and the materials produced, the lower court found that the offence under Section 4(1)(A) of TNP Act was not made out and the petitioner/accused was remanded under Sections 4(1)(a), 4(1)(i) read with Section 24 of TNP Act. Since the offence was bailable offence, the petitioner was granted bail on condition to execute bond for Rs.10,000/- with two sureties. The lower court further directed the petitioner/accused to appear before the Court on
Issues for consideration
2 issues framed by the court
Whether the lower court erred in rejecting the memorandum for execution of bail bond because sureties were not finalized on the specified date.
Whether a Magistrate should direct the lower court to accept the sureties for a bailable offence once the accused is ready to produce them.
Parties & counsel
- petitioner
Arun
- respondent
The State represented by Inspector of Police(L&O), K-3, Aminjikarai Police Station, Chennai
Coram
M. Nirmal Kumar
Case details
As recorded by the court registry
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