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Judgment
This Criminal Original Petition has been filed seeking to modify the conditions imposed by the learned Additional District and Sessions Judge, Virudhunagar District at Srivilliputhur in Cr.M.P.No.2080 of 2026 in S.C.No.47 of 2021, dated 17.07.2026, regarding execution of bond with two sureties, one from a blood relative and solvency certificate.
The learned counsel for the petitioner would submit that the petitioner was granted bail by the learned Additional District and Sessions Judge Virudhunagar District at Srivilliputhur, vide order dated 17.07.2026 in Cr.M.P.No. 2080 of 2026 with certain conditions including the following:
“(1) that the Accused shall execute a bond for Rs.25,000/- with two sureties of his own. Among them one is a Blood Relative.
(2)The Solvency Certificate shall be counter signed by the concerned Village Tahsildar.”
The learned counsel for the petitioner would further submit that the petitioner was unable to produce a blood related surety and the solvency certificate counter signed by the concerned Village Tahsildar. Hence, he continues to remain confined due to his inability to produce blood related surety and hence, prays to modify the said condition.
Seeking the person, who is in custody, to produce the solvency certificate attested by the Village Tahsildar is unwarranted and it is settled law that once bail is granted, the conditions shall not be onerous and it shall be in a nature that it could be complied with and further, the purpose of imposing these conditions is to ensure the appearance of the accused before the Trial Court. In this case, production of two sureties is sufficient and if the sureties are having proper address proof and if they are capable and competent to produce the accused in case of the non-appearance of the accused before the Trial Court. In such view of the matter, the conditions imposed by the learned Additional District and Sessions Judge, Virudhunagar District at Srivilliputhur in paragraph 4 (1) and (2) of the order passed in Crl.M.P.No.2080 of 2026 dated 17.07.2026 are modified as follows:
“(1) the petitioner shall execute a bond for Rs.25,000/- on producing his address proof along with two sureties each for a like sum to the satisfaction of the learned Additional District and Sessions Judge, Virudhunagar District at Srivilliputhur.”
The other conditions imposed by the Sessions Court in the order dated 17.07.2026 shall remain unaltered.
Accordingly, this Criminal Original Petition is ordered.