A Single-judge bench of the Madras High Court, comprising of Justice V Bharathidasan has, in the case of Ravichandran v. State Rep. by the Inspector of Police, Sankari Police Station, Salem District, observed that no blood relative of the petitioner was left (as indicated by the facts), and therefore the condition pertaining to bail passed by the Session judge could not be fulfilled and hence needed to be modified.
“Considering the submission made by the learned counsel for the petitioner that does not have any blood relative and the other circumstances of the case, this court is inclined to modify the condition imposed by the learned Principal Sessions Judge, Salem in respect of furnishing a blood related surety.”
Factual Background
An FIR was filed against the Petitioner and his father under Section 420 & 379 of IPC. The learned Principal Sessions Judge, Salem, while granting bail directed the petitioner to be released on bail on his executing a bond for a sum of Rs.10,000/- with two sureties each for a like sum with a further condition that one of the surety must be a blood relative to the petitioner.
The petitioner filed the present petition before the High Court Court praying to modify the condition imposed by the learned Principal Sessions Judge, Salem.
Contentions of the Petitioner
The Counsel on behalf of the Petitioner submitted that the mother of the petitioner died and his father was also charged in the same case in which the petitioner was himself charged. The Condition of surety was difficult to fulfill as no blood relative of the petitioner could be traced.
Contention of the Respondent
The Counsel on behalf of the Respondent raised no serious objection against modifying the condition in respect of furnishing blood-related surety.
Court Reasoning & Judgment
The Court perused all the facts and held that:
“this court is inclined to modify the condition imposed by the learned Principal Sessions Judge, Salem in respect of furnishing a blood related surety. Accordingly, the petitioner is directed to be released on bail on his executing a bond for a sum of Rs.10,000/- with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate-I and the rest of the conditions imposed by the learned Judge shall stand unaltered.”
Hence, the Bench allowed the Criminal Original Petition and no cost was imposed on it.
Case Details
Case: Crl.O.P.No.5117 of 2021
Petitioner: Ravichandran
Respondent: State Rep. by The Inspector of Police, Sankari Police Station, Salem District
Counsels for the Petitioner: Mr.M.Vinoth
Counsels for the Respondent: Mr.S.Karthikeyan
Quorum: Justice V Bharathidasan
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