1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2011 CORAM THE HONOURABLE MR.JUSTICE S.NAGAMUTHU Crl.O.P.(MD).No.14518 of 2011 Suresh Babu : Petitioner -Vs- The State represented by The Sub Inspector of Police, All Women Police Kuzhithurai, Kanyakumari District. Crime No.4 of 2002 : Respondent PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure praying to modify the condition imposed by the learned Judicial Magistrate, Padmanabhapuram, by order dated 12.10.2011 in Cr.M.P.No.3398 of 2011, directing the petitioner to furnish a Government surety to that of a regular surety. For Petitioner : Mr.N.Dilip Kumar For Respondent : Mr.P.Kannithevan, Govt. Advocate O R D E R Seeking to modify the condition imposed by the learned Judicial Magistrate, Padmanabhapuram in Cr.M.P.No.3398 of 2011, dated 12.10.2011, the petitioner has come up with this petition. 2. The learned Judicial Magistrate, Padmanabhapuram, while granting bail to the petitioner, has directed his release and execution of bond by two sureties and one of such sureties must be a Government Servant. Seeking to modify the condition, the petitioner has come up with this petition. 3. In my considered opinion, insisting upon a Government Servant as a surety will amount to imposing an onerous condition, which will be violative of Article 21 of the Constitution of India. Therefore, the condition imposed by the learned Judicial Magistrate, Padmanabhapuram that one of the sureties should be a Government servant stands set aside and it is made clear that it will be sufficient if the petitioner produces two sureties, who need not be Government servants. Accordingly, this petition is allowed. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 2 To 1. The Judicial Magistrate, Padmanabhapuram 2. Do-Thro The Chief Judicial Magistrate, Kanyakumari at Nagercoil 3.The Sub Inspector of Police, All Women Police Kuzhithurai, Kanyakumari District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.N.Dilipkumar, Advocate Sr.No.38576 vsm ssk/12.11.2011 /6c-2p/- Crl.O.P.(MD).No.14518 of 2011 09.11.2011 https://hcservices.ecourts.gov.in/hcservices/