1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD).No.15030 of 2011 Saraswathi ... Petitioner Vs. The Sub-Inspector of Police, Kuzhithurai Police Station, Kanyakumari District Crime No.1211 of 2011 ... Respondent PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to modify the second condition imposed by an order dated 08.11.2011 in Crime No.1211 of 2011 on the file of the learned Judicial Magistrate No.1, Kuzhithurai. *** For Petitioner :Mr.R.Vijayakumar For Respondent :Mrs.S.Prabha Govt. Advocate (Crl.Side) O R D E R This petition has been filed by the petitioner seeking for modification of the condition imposed by the Court below for the grant of bail. 2. Heard Mr.R.Vijayakumar, learned Counsel appearing for the petitioner and Mrs.S.Prabha, learned Government Advocate (Criminal Side) for the respondent. 3. The learned Counsel for the petitioner submit that the condition imposed by the said Court against the petitioner was to the effect that the petitioner has to produce the sureties with the solvency certificate from the Tahsildar concerned and then only, the sureties could be accepted. He would further submit that such type of sureties is difficult to be produced as the petitioner is a poor person and she is not able to produce such sureties with solvency certificate and she is ready to produce the genuine sureties with a proof of permanent residence. 4. The learned Government Advocate(Criminal Side) would submit that the investigation is completed and the charge sheet has also been filed and hence, suitable orders may be passed. https://hcservices.ecourts.gov.in/hcservices/ 2 5. Considering the submissions made on both sides, this Court is of the view that the petitioner is seeking for deletion of the condition imposed by the Court below for the grant of bail. According to the learned Judicial Magistrate No.1, Kuzhithurai, the condition imposed by them are as follows: a)The first condition imposed against her she has to execute two bonds for Rs.5,000/- each. b)The second condition is that two sureties to be produced with certificate of solvency obtained from the Tahsildar concerned and c)the third condition was to the effect that she has to appear before the Court daily at 10.00 a.m without fail. 6. On a careful consideration those conditions imposed against her, I could see that the imposition of production of sureties with solvency certificate somewhat difficult and the charge sheet has also been filed in this case. The petitioner, however, is directed to produce two sureties for the same amount of Rs.5,000/- along with the permanent residence along with the documents to show the permanent residence namely Ration Card or Voters Identification Card, to the satisfaction of the said Court and to comply with the other conditions. 7. With the aforesaid modification, this petition is ordered. Sd/- Assistant Registrar(T&P) /True Copy/ Sub-Assistant Registrar To 1.The Judicial Magistrate No.I, Kuzhithurai 2.The Sub-Inspector of Police, Kuzhithurai Police Station, Kanyakumari District 3.The Additional Public Prosecutor Madurai Bench of the Madras High Court Madurai. gsr rl/4c – 7.12.2011 Crl.O.P.(MD).No.15030 of 2011 21.11.2011 https://hcservices.ecourts.gov.in/hcservices/