seeking to modify the conditions imposed on them in the bail order,= the Court below, while granting bail to the petitioners, imposed the conditions of execution of a self bond for Rs.50,000/- each with two local sureties for the like sum each supported by the original sale deeds to the satisfaction of the learned Additional Judicial Magistrate of First Class, Rayachoty and to co-operate with the trial of the case in the trial Court and in case of their default in the trial Court, the property offered by them through their sale deeds would be forfeited in favour of the State;= as the petitioners are coolies and are not in a position to comply with the conditions imposed by the learned Sessions Judge, the conditions imposed in the bail order, dated 23.5.2016, in Crl.M.P.No.635 of 2016 on the file of the V Additional Sessions Judge, Rayachoty, Kadapa District are hereby set aside and the conditions in the impugned order are modified as under: The petitioners/A-1, A-2, A-4 and A-8 are ordered to be released on bail on their execution of a self bond for Rs.5,000/- (Rupees five thousand only) each with one surety for the like sum each to the satisfaction of the Additional Judicial Magistrate of First Class, Rayachoty and the petitioners are directed to report before the Station House Officer concerned daily between 10:00 A.M. and 5:00 P.M. for a period of fifteen (15) days.
| CRLP 7622 / 2016 | CRLPSR 24115 / 2016 | CASE IS:DISPOSED |
|
THE HON’BLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No.7622 of 2016
ORDER:
This Criminal Petition is filed by the petitioners/A-1, A-2, A-
4 and A-8 under Section 482 Cr.P.C. seeking to modify the conditions
imposed on them in the bail order, dated 23.5.2016, in Crl.M.P.No.635
of 2016 on the file of the V Additional Sessions Judge, Rayachoty,
Kadapa District and enlarge them on bail in Crime No.17 of 2016 of
Chinnamandem Police Station, Kadapa District.
2. Heard and perused the material available on record.
3. Learned counsel for the petitioners submitted that the Court
below, while granting bail to the petitioners, imposed the conditions of
execution of a self bond for Rs.50,000/- each with two local sureties for
the like sum each supported by the original sale deeds to the
satisfaction of the learned Additional Judicial Magistrate of First Class,
Rayachoty and to co-operate with the trial of the case in the trial Court
and in case of their default in the trial Court, the property offered by
them through their sale deeds would be forfeited in favour of the State;
that the petitioners are working as coolies in their respective villages
and hence, they are not in a position to execute the bond for
Rs.50,000/- each; that the petitioners were arrested on 13.3.2016 and
since then, they are in prison and hence, he prays to modify the said
conditions.
4. Considering the facts and circumstances of the case and as the
petitioners are coolies and are not in a position to comply with the
conditions imposed by the learned Sessions Judge, the conditions
imposed in the bail order, dated 23.5.2016, in Crl.M.P.No.635 of 2016
on the file of the V Additional Sessions Judge, Rayachoty, Kadapa
District are hereby set aside and the conditions in the impugned order
are modified as under:
The petitioners/A-1, A-2, A-4 and A-8 are ordered to be
released on bail on their execution of a self bond for Rs.5,000/-
(Rupees five thousand only) each with one surety for the like sum each
to the satisfaction of the Additional Judicial Magistrate of First Class,
Rayachoty and the petitioners are directed to report before the Station
House Officer concerned daily between 10:00 A.M. and 5:00
P.M. for a period of fifteen (15) days.
5. Accordingly, the Criminal Petition is allowed.
_________________________
JUSTICE RAJA ELANGO
Date: 14.6.2016
AMD
THE HON’BLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No.7622 of 2016
DATE: 14.6.2016
AMD
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