Bail conditions requiring specific types of sureties (such as government servants or blood relatives) may be modified by the court if the accused is unable to comply with them, ensuring that the grant of bail is not rendered illusory by impossible conditions.

PRAYER:

This criminal original petition has been filed under Section 528 of BNSS to set aside the bail modification order passed by the Principal Special Court Under EC & NDPS Act Chennai in Crl.M.P.No.6190 of 2025 dated 06.10.2025 and to modify the condition in Crl.M.P.No.1099 of 2025 dated 10.03.2025 that, “the petitioner/ accused shall execute a bond of Rs.10,000/- with two sureties for a like sum each to the satisfaction of the learned XVI Metropolitan Magistrate, George Town. One among the sureties of each petitioner should be a Government Servant.

ORDER

This criminal original petition has been filed to set aside the bail modification order passed by the Principal Special Court Under EC & NDPS Act Chennai in Crl.M.P.No.6190 of 2025 dated 06.10.2025 and to modify the condition in Crl.M.P.No.1099 of 2025 dated 10.03.2025 that, “the petitioner/ accused shall execute a bond of Rs.10,000/- with two sureties for a like sum each to the satisfaction of the learned XVI Metropolitan Magistrate, George Town. One among the sureties of each petitioner should be a Government Servant.

2. The learned counsel appearing for the petitioner submitted that, the petitioner herein was granted bail by the Principal Special Court Under EC & NDPS Act, Chennai, vide order dated 10.03.2025 in Crl.M.P.No.1099 of 2025 for the offence under Sections 8(c) r/w 20(b)(ii)(B) and 29(1) of the NDPS Act, 1985 and u/s. 109 and 121(1) of BNS in Crime No.23 of 2025 on the file of the respondent police with one of the conditions that, the petitioner shall execute a bond of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties for a like sum each to the satisfaction of the learned XVI Metropolitan Magistrate, George Town and one among the sureties of each petitioner should be a Government Servant; that since the petitioner is unable to execute the sureties as per the aforesaid order, the petitioner herein had filed a modification petition in Crl.M.P.No.6192 of 2025 and the same was allowed, vide order dated 06.10.2025 that the petitioner shall execute a bond for Rs.10,000/- along with two acceptable and reliable sureties each for a like sum to the satisfaction of the learned XVI Metropolitan Magistrate, George Town. One among the sureties of the petitioner to be a blood surety; that however, the petitioner was unable to comply with the said condition, since apart from his minor sister, the petitioner has no blood relatives, hence prays to modify the aforesaid condition.

3. Heard the learned Government Advocate (Crl. Side) appearing for the respondent.

4. Considering the submissions made on both sides, the nature of offence, the period of incarceration undergone by the petitioner and taking note of the fact that, though the petitioner has been granted bail on 10.03.2025, he is still languishing in jail, hence this Court is inclined to set aside the order passed by the Principal Special Court Under EC & NDPS Act Chennai in Crl.M.P.No.6190 of 2025 dated 06.10.2025 and modify the condition imposed on the petitioner herein in Crl.M.P.No.1099 of 2025 dated 10.03.2025 to the effect that, “the petitioner herein shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction of the learned XVI Metropolitan Magistrate, George Town” and as far as the other conditions imposed on the petitioner herein in Crl.M.P.No.1099 of 2025 remain unaltered. It is made clear that, furnishing solvency certificate is not necessary.

5. Accordingly, this criminal original petition is allowed.