Modification of bail conditions under statutory provisions due to inability to procure sureties.

Date : 18/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI CRL OP(MD).No.13599 of 2025 Amar Singh, S/o.Suresh Chandra ... Petitioner Vs The State of Tamil Nadu, Rep by the Inspector of Police, Palani Town Police Station, Dindigul District.

Crime No.436 /2024. ... Respondent/Complainant For Petitioner : Mr.K.Sheenivasan, Advocate.

For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side)

PETITION FOR MODIFICATION Under Sec.528 of BNSS PRAYER :- To modify the condition imposed in Crl.MP.No.1502 of 2025 dated 24.07.2025 passed by the learned Principal District and Sessions Judge, Dindigul, that the petitioner/accused shall execute a bond for Rs.25,000/-.

ORDER : The Court Made the following order :-

This Criminal Miscellaneous Petition has been filed to modify the condition imposed in Crl.MP.No.1502 of 2025, dated 24.07.2025 on the file of the learned Principal District and Sessions Judge, Dindigul, that the petitioner/accused shall execute a bond for Rs.25,000/-.

2. The learned counsel for the petitioner submitted that the petitioner was arrested and remanded to judicial custody on 12.06.2025. This petitioner had filed a bail application before the learned Principal District and Sessions Judge, Dindigul and the Trial Court had granted bail to the petitioner by way of order, dated 24.07.2025 with certain conditions and one of the said condition is as follows:-

''In the result, the petitioner/accused is ordered to be enlarged on bail on his executing a bond for Rs.25,000/- along with two sureties each for a like sum each to the satisfaction of the learned Judicial Magistrate, Palani subject to conditions.”

3. He further submitted that the petitioner's family members submitted the sureties application before the learned Judicial Magistrate, Palani, but the said application was rejected only on the ground that the petitioner's family members are at Uttar Pradesh and hence, they could not be arranged sureties solvency. Thereafter, the petitioner has filed modification petition in Crl.M.P.No.1589 of 2025, before the learned Principal District Judge, Dindigul. But the trial Court by way of order, dated 04.08.2025 dismissed the said modification petition. Hence, he prays for modification of the said condition.

4. The learned Government Advocate (Crl.side) appearing for the respondent submitted that investigation has already been completed and charge sheet has also been filed and the same was taken on file in C.C.No.134 of 2025. He further submitted that there are totally 13 witnesses, out of which, five witnesses were examined.

5. Considering the submissions made by the learned Counsel for the Petitioner and being satisfied with the reasons stated above, this Court is inclined to modify the condition in the order made in Crl.MP.No.1502 of 2025, dated 24.07.2025. Accordingly, the said Condition is modified as ''the petitioner/accused is ordered to be enlarged on bail on his executing a bond for Rs.10,000/- (Rupees Ten Thousand Only) along with two sureties each for a like sum each to the satisfaction of the learned Judicial Magistrate, Palani subject to conditions.'' The other conditions shall remain unaltered.

6. With the above said modification, this Criminal Original Petition is allowed.