LAWS(MAD)-2006-4-329

S SHANMUGAM Vs. STATE OF TAMIL NADU

Decided On April 25, 2006
S. SHANMUGAM Appellant
V/S
STATE OF TAMIL NADU, REP. BY SUB-INSPECTOR OF POLICE, ECONOMIC OFFENCES WING-II, SALEM Respondents

JUDGEMENT

(1.) LEARNED counsel for the petitioner submits that the petitioner has come forward with this petition seeking the relief of modification of the condition, viz., to execute bond for a sum of Rs.10,000/- out of which one surety must be a Government Servant in the Central or State Government imposed by the learned Chief Judicial Magistrate, Salem by order dated 18.4.2007 in Crl.M.P.No. 958 of 2007.

(2.) IT is submitted by the learned counsel for the petitioner that the bail itself sought for the provision under Section 167(2) Cr.P.C. The learned counsel for the petitioner also submits that imposing the condition to the effect that the petitioner shall furnish surety from a person holding the office not below the rank of Upper Division Clerk in the Central or State Government is not at all warranted. The learned counsel also submits that the petitioner finds it very difficult to fetch such surety and as such the petitioner is not able to execute the order and he is undergoing incarcaration in the prison from 4.2.2007.

(3.) THIS is a case of statutory bail and while granting such bail the learned Chief Judicial Magistrate, Salem, imposed a condition to the effect that the petitioner shall furnish one of the sureties from a person holding the office not below the rank of Upper Division Clerk in the Central or State Government. THIS Court is of the considered view that such condition is not at all warranted.