The High Court allowed the Criminal Original Petition filed by an accused to set aside the condition in a bail order requiring a relative as surety, enabling release on friends as sureties instead.
Deleted the condition that one of the surety shall be a relative of the accused in the bail order dated 11.09.2024.
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.O.P.No.27785 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.11.2024
CORAM:
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.27785 of 2024
Ashok Kumar
Vs.
The State Represented by Inspector of Police Dusi Police Station Tiruvannamalai District (Crime No.179 of 2024)
... Respondent
Prayer : Criminal Original Petition filed under Section 483(1)(b) of BNSS, 2023, to set aside the order in Crl.M.P.No.5727 of 2024 dated 23.09.2024 and directing to modify the condition normal surety instead of a sum of Rs.50,000/- a valuable bond sureties in Crl.M.P.No.5401 of 2024 dated 11.09.2024, on the file of the learned Judicial Magistrate, Cheyyar, Tiruvannamalai District.
For Petitioner : Mr.T.Balachandran
For Respondent : Mr.S.Santhosh Government Advocate (Crl. Side)
1/4
ORDER
Crl.O.P.No.27785 of 2024
This petition is filed to set aside the order passed in Crl.M.P.No.5727 of 2024 dated 23.09.2024 and also for a direction to modify the condition to normal surety instead of depositing a sum of Rs.50,000/- a valuable bond sureties in Crl.M.P.No.5401 of 2024, dated 11.09.2024 on the file of the learned Judicial Magistrate, Cheyyar, Tiruvannamalai District.
2.Learned counsel for the petitioner would submit that the petitioner was arrested in Crime No.179 of 2024 on 14.05.2024. The petitioner has applied for bail U/s.167(2) Cr.P.C. and he was directed to be released on bail in Crl.M.P.No.5401 of 2024 on 11.09.2024. He further submitted that the Court, while granting bail to the petitioner, had imposed a condition that the petitioner shall execute a bond for a sum of Rs.50,000/- each with two sureties for a likesum, out of which one of the surety shall be a relative of the accused. The learned counsel further submitted that the petitioner is a native of Rajasthan and the petitioner's relatives are not ready to offer surety, and his friends residing in Tamil 2/4
Crl.O.P.No.27785 of 2024
Nadu are ready to stand as surety for him. He would submit that despite the bail being granted to the petitioner on 11.09.2024, the petitioner is unable to come out on bail due to the above condition. He would submit that the petitioner is ready to abide by the other conditions imposed by the Court.
3.In view of the above, the condition that 'one of the surety shall be a relative of the accused' is hereby deleted. The other conditions imposed by the learned Judicial Magistrate, Cheyyar, Tiruvannamalai, vide order dated 11.009.2024 in Crl.M.P.No.5401 of 2024 shall stand unaltered.
21.11.2024
kas
1.Inspector of Police Dusi Police Station Tiruvannamalai District (Crime No.179 of 2024)
2.The Judicial Magistrate Cheyyar, Tiruvannamalai District.
3/4
Crl.O.P.No.27785 of 2024
A.D.JAGADISH CHANDIRA, J.
kas
3.The Public Prosecutor High Court of Madras Chennai 600 104
Crl.O.P.No.27785 of 2024
21.11.2024
4/4
1 issue framed by the court
Whether the condition requiring a relative as surety in the bail order imposed in Crl.M.P.No.5401 of 2024 can be set aside under Section 483(1)(b) of BNSS, 2023.
2 provisions across 2 enactments
Ashok Kumar
The State Represented by Inspector of Police Dusi Police Station Tiruvannamalai District
A.D.JAGADISH CHANDIRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
