The Madras High Court disposed of a criminal petition while considering the facts and situation of the case at hand where an auto driver was asked to furnish government security to get bail. The judges supported the petitioner’s contention that it’s hard for the driver, being a common person, to know any government official. Thus, the order was modified and instead of government security, the petitioner was asked to furnish security related to him by blood.
Brief Facts:
The learned counsel for the petitioner submitted that the petitioner is not an accused and the lower Court, while granting bail to the petitioner, the trial Court imposed a condition that the petitioner shall execute a bond for Rs.10,000/- with two acceptable and reliable sureties each for a like sum to the satisfaction of the learned II Metropolitan Magistrate, Egmore, Chennai, on condition that one among the sureties must be a Government Surety.
Contentions of the Petitioner:
The petitioner submitted that he is an auto driver and he has not known any government workers thereby he is unable to arrange government employees as surety. He further submitted that he is undergoing incarceration for more than 65 days. Hence, the modification petition was filed by him.
Observations of the Court:
Considering the facts and circumstances of the case, the court considered the reason as justifiable, hence, the Court modified the condition that the petitioner executes a bond for Rs.10,000/- with two acceptable and reliable sureties each for a like sum to the satisfaction of the learned II Metropolitan Magistrate, Egmore, Chennai, on condition that one among the sureties must be a “blood-related surety”. The other conditions imposed by the Court were ordered to remain intact.
The decision of the Court:
The Criminal Original Petition was disposed of.
Case Title: Balaji vs State represented by The Inspector of Police
Coram: Justice T.V. Thamilselvi
Case No.: Crl.O.P.No.345 of 2023
Advocate for the Petitioner: Mr. V. Sriram
Advocate for the Respondent: Mr. Leonard Arul Joseph Selvam
Read Judgment @LatestLaws.com
Picture Source :
