Read Time: 04 minutes

The Madras High Court in a recent decision has allowed a man to to be released on bail bond without having to present surety of a blood relative.

This petition was filed to modify the bail condition imposed by the High Court which granted suspension of sentence and bail to the petitioner on certain conditions, one of which was:

“8.(i) The petitioner (A1) shall execute a bond for a sum of Rs.25,000/- with two sureties, of whom, one should be a blood relative, each for a like sum to the satisfaction of the I Additional District and Sessions Court, Salem."

In response to the above, the petitioner submitted that no blood relative of the petitioner is willing to come forward to stand as surety for the petitioner. Moreover, the petitioner's brother-in-law came forward to stand as surety, but, the Trial Court did not accept his surety on the ground that he is not a blood relative.

The Bench of Justice Justice P.N. Prakash and Justice R. Hemlatha noted that:

“The fact remains that the petitioner was granted suspension of sentence and bail on 26.10.2021 and till date, he has not been able to enjoy the fruits of the same.”

In view of abovethe Court allowed the petition and stated:

“8.(i) The petitioner (A1) shall execute a bond for a sum of Rs.25,000/- with two sureties, of whom, one should be a relative, each for a like sum to the satisfaction of the I Additional District and Sessions Court, Salem."

The rest of the conditions for bail bond remained the same.

It is pertinent to note that in Sagayam @ Devasagayam vs State, 2017, the Madras High Court had held that:

“Sureties need not be a Government servant or a public servant or a permanent employee or related by blood to the accused or a member of the family but he should be a genuine person.”

Cause Title: Arulselvam vs The State