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2016 Supreme(Mad) 2111
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.N. PRAKASH, J.
Palanivel - Petitioner
Vs.
State rep by The Inspector of Police - Respondent
Crl. O.P. No. 13740 of 2016
Decided On : 18-07-2016
Advocate Appeared:
For the Petitioner: Mr. V. Sasi Rekha
For the Respondent: Mr. C. Emalias
The court has the discretion to modify bail conditions to ensure the progress of legal proceedings while considering the petitioner's circumstances.
Headnote:
Bail Modification - Criminal Law - The court modified the bail condition of a petitioner involved in a robbery case, allowing for a blood relative to act as a surety instead of a government servant, and requiring the petitioner to appear before the police on a specific day and time.
Fact of the Case:
The petitioner sought modification of the bail condition due to inability to secure a government servant as a surety.
Finding of the Court:
The court found that modifying the bail condition to allow a blood relative as a surety would not stall the committal proceedings and directed the committal Magistrate to complete the proceedings expeditiously.
Issues: Modification of bail condition, impact on committal proceedings
Ratio Decidendi: The court's decision was based on the consideration that the modification of the bail condition would not hinder the committal proceedings and the need for the committal Magistrate to expedite the proceedings.
Final Decision: The bail condition was modified to allow a blood relative as a surety and to require the petitioner to appear before the police on a specific day and time.
This petition has been filed to modify the conditional order dated 22.02.2016 in Crl. M.P. No. 1084 of 2016 passed by the learned Principal Sessions Judge, Villupuram.
2. Heard the learned counsel for the petitioner; learned Additional Public Prosecutor appearing for the respondent and perused the materials placed on record.
3. It is seen that this petitioner is A1 in Crime No. 556 of 2015 for offences under Section 451, 393 and 397 IPC. It is the case of the prosecution that this petitioner and A2 entered into the house of the de facto complainant and after assaulting the de facto complainant had committed robbery. The petitioner was granted bail by the learned Principal Sessions Judge, Villupuram in Crl. M.P. No. 1084 of 2016 on 22.02.2016 on the following conditions:-
“The petitioner is ordered to be released on bail, on his executing a bond for Rs.10,000/- with two sureties [one of the surety may be a Government servant] for a like sum each to the satisfaction of Judicial Magistrate, Kallakurichi and on condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders.”
4. This petition has been filed by the petitioner for modification of the aforesaid condition on the plea that the petitioner is not able to secure the Government servant as surety.
5. Learned Additional Public Prosecutor submitted that investigation in Crime No. 556 of 2015 has been completed and final report has been filed in PRC No. 22 of 2016 before the learned Judicial Magistrate, Kallakurichi and committal proceedings are pending.
6. In the considered opinion of this Court, if the condition is modified and the petitioner is released on bail, the committal proceedings will get stalled. Under such circumstances, the committal Magistrate is directed to complete the committal proceedings expeditiously. The aforesaid condition imposed by the learned Principal Sessions Judge, Villupuram in Crl. M.P. No. 1084 of 2016 is modified to the effect that,
“The petitioner is ordered to be released on bail, on his executing a bond for a sum of Rs.10,000/- with two sureties, one of the surety should be a blood relative, each for a like sum to the satisfaction of the Judicial Magistrate, Kallakurichi, on further condition that the petitioner shall appear before the respondent police on every Monday at 6.30 p.m. The bail bond shall be accepted by the learned Judicial Magistrate, Kallakurichi only after the case is committed to the Court of Sessions.”
With the above modification, this petition is ordered.
