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2014 Supreme(Mad) 2695

P.DEVADASS
Thirunavukarasu – Appellant
Versus
State rep. By Inspector of Police – Respondent


Advocates Appeared:
For the Petitioner:B. Manimaran, Advocate.
For the Respondent:K. Prabakar, Govt. Advocate (Crl.side).

Judgment

1. Petition for modification of certain bail conditions imposed by the learned Additional Sessions Judge, Mahalir Neethi Mandram (Fast Track Mahila Court), Nagapattinam on 8.8.2014 in Crl.M.P.No.2567 of 2014.

2. It is a case of mischief by fire (Section 436 IPC). Petitioner has been directed to deposit Rs.25,000/- before the learned Judicial Magistrate, Sirkali besides directing him to produce two sureties, who shall execute a bond for Rs.10,000/-each and he should also appear before the said Magistrate at about 6.30 pm for 20 days.

3. Even in the FIR, the damage has been valued at Rs.10,000/-. Other extra allegations are also there. I am satisfied that the FIR contains inflated version of the alleged damage to property. Bail was granted as early as on 08.08.2014. But, still the petitioner is languishing in jail. It indicates that he is not able to satisfy the said condition. Thus, so far as the petitioner is concerned, the conditions appear to be onerous.

4. In the circumstances, the bail conditions are modified as under:

(i) There shall be two sureties, who shall execute a bond for Rs.10,000/-each to the satisfaction of the learned Judicial Magistrate, Sirkali.

(ii) Petitioner



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