A Single Judge Bench of the Madras High Court, comprising of Justice M. Dhandapani in the case of Mondi Sithan @ Poosari Sithan v. The State- has observed that the petitioner was unable to fulfill bail condition in respect to Solvent Surety, therefore, the Court directed the learned Principal District and Sessions Judge, Erode to modify the conditions of Bail, and that Aadhar Card can be produced in the form of Surety in Bail Petitions.
Background of the Case
In this case, the Petitioner named Mondi Sithan @ Poosari Sithan was convicted for the offences under Sections 120(b), 364, 147, 148, and 302 of IPC and Section 3(2) (va) of SC/ST (POA) Act 2015. Learned Principal District and Sessions Judge, Erode granted bail to him with a condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, out of which, one surety shall be the blood surety and the other shall be the solvent surety.
The Petitioner argued that he had no solvent surety as he had no property in his name. Therefore, the Petitioner filed Criminal Original Petition under Sections 439 (1) (b) of the Code of Criminal Procedure, to modify the condition imposed by the learned Principal District and Sessions Judge, Erode with respect to the condition that "one surety shall be the solvent surety."
Reasoning and Decision of the Court
The Court considered the facts of the case and expounded that the Petitioner had no property in his name so he was not able to get a solvency certificate. The Court was of the view to modify the conditions.
The Court increased the bond of a sum of Rs 10,000 to Rs 25,000. In respect to two sureties the Court held that:
“one surety shall be the blood surety and they have to produce a copy of the Aadhar Card. The other conditions imposed by the Court below remain intact.”
The Court disposed of the Petition with the modifications and no cost was imposed on it.
Case Details
Case: - Crl.O.P No.8003 of 2021
Petitioner: Mondi Sithan @ Poosari Sithan
Respondent: The State Represented by The Inspector of Police
Counsel for the Petitioner: M/s. G. K. Associates
Counsel for the Respondent: Ms. Kritika Kamal. P
Judge: Justice M. Dhandapani
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