Madras High Court
Grant Victor Lkenna vs The State Represented By on 9 September, 2022
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
Crl.O.P.No.21255 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.09.2022
CORAM
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.21255 of 2022
Grant Victor lkenna ... Petitioners/Accused 1
Vs.
The State represented by,
The Inspector of Police,
Perundurai Police Station,
Perundurai,
Erode District.
(Crime No.65 of 2022) ... Respondent/Complainant
Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to set aside
the order passed by the learned Vacation Sessions Judge, Sessions Division,
Erode in Crl.M.P.No.1544 of 2022 by order dated 25.05.2022.
For Petitioner : Mr.S.Praveennath
For Respondent : Mr.R.Vinothraja
Government Advocate (Crl. Side)
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Crl.O.P.No.21255 of 2022
ORDER
This petition has been filed to set aside the order passed by the learned Vacation Sessions Judge, Sessions Division, Erode in Crl.M.P.No.1544 of 2022 by order dated 25.05.2022.
2. The learned counsel for the petitioner would submit that the petitioner was granted regular bail by the learned Judicial Magistrate, Perundurai, in C.M.P.No.546 of 2022 on 18.04.2022. He would further submit that one of the condition imposed on the petitioner is that the ''petitioner shall execute a bond for a sum or Rs.10000/- each (one blood relationship and aadhar card and bank passbook xerox, EB receipt, Water Tax, Gas Bill receipt, any one receipt which the original residential address in name of sureties'' .
3. He would further submit that the petitioner, being a foreigner does not have any blood relatives in India and thereby, he has filed an application, seeking modification. Further, the petitioner filed an application for modification before the learned Vacation Sessions Judge, Sessions Division, Erode in Crl.M.P.No.1544 of 2022. Wherein, the learned Sessions Judge, by an order 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21255 of 2022 dated 25.05.2022 was pleased to dismiss the same. He would further submit that the petitioner is the foreign national, he does not have any blood relatives in India and in such circumstances, it is only an onerous condition which is in a way granting bail and denying the right to enjoy the benefit of bail. He would further submit that the only relation, who is available to the petitioner is his wife and she is not his blood relative. He would further submit that some local persons are ready to furnish sureties for the petitioner.
4. The learned Government Advocate (Crl. Side) would object for relaxing the surety condition imposed by the Court below.
5. It is the case of the petitioner that he is a foreigner and he does not have any blood relatives in India and further case is that the petitioner despite the bail being granted on 18.04.2022 and he is unable to come out on bail and that the condition in another way defeats his right.
6. Taking into consideration of the facts and circumstances, the condition imposed by the learned Judicial Magistrate, Perundurai, in C.M.P.No.546 of 2022 dated 18.04.2022 in Para No.3(i) is modified to the 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21255 of 2022 effect that “the petitioner shall be directed to release on executing own bond for a sum of Rs.10,000/- with two sureties'' and the other conditions imposed shall remain unaltered.
7. Accordingly, the criminal original petition is ordered.
09.09.2022 ata To
1. The Vacation Sessions Judge, Sessions Division, Erode
2. The Judicial Magistrate, Perundurai,
3. The Inspector of Police, Perundurai Police Station, Perundurai, Erode District.
4.The Public Prosecutor, High Court, Madras.
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