Venkatesan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.4.2015

CORAM:

THE HON'BLE MR.JUSTICE R. SUBBIAH Crl.O.P. Nos.11410, 11411 and 11412 of 2015 Venkatesan .. Petitioner in all Crl.O.Ps.

Vs.

The State represented by the Inspector of Police, Gengavalli Police Station, Salem District.

(Crime No.29 of 2015) .. Respondent in Crl.O.P.No.11410 of 2015 The State, represented by the Inspector of Police, Gengavalli Police Station, Salem District.

(Crime No.40 of 2015) .. Respondent in Crl.O.P.No.11411 of 2015 The State, represented by the Inspector of Police, Thalaivasal Police Station, Salem District (Crime No.69 of 2015) .. Respondent in Crl.O.P.No.11412 of 2015 Criminal Original Petitions filed under Section 439(1)(b) Cr.P.C., to relax the condition imposed on the petitioners in Crl.M.P.Nos.1355, 1354 and 1353 of 2015 dated 10.04.2015 and 18.4.2015 respectively on the file of learned Judicial Magistrate No.II, Attur, Salem District.

For Petitioner : Mr.E. Kannadasan For Respondent : Mr.M. Mohamed Riyaz Govt. Advocate (Crl.side) C O M M O N O R D E R Petition for modification of condition imposed in Crl.M.P.Nos.1353, 1354 and 1355 of 2015 on the file of learned Judicial Magistrate No.II, Attur, Salem District to accept the common surety.

2. On 10.4.2015 and 18.4.2015, the learned Judicial Magistrate No.II, Attur, Salem District while granting bail to this petitioner in Crl.M.P.Nos.1353, 1354 and 1355 of 2015 has imposed a condition that the petitioner should execute a bond for Rs.10,000/- with two sureties and sureties shall not stand as sureties to any other person as previously and the sureties shall produce the xerox copy of the title deed before the Court.

3. The learned counsel for the petitioner submitted that the petitioner herein is hailing from a poor family and he finds it difficult to comply with the conditions imposed by the learned Judicial Magistrate No.II, Attur, Salem District in respect of the sureties since most of the petitioner's relatives are coolie workers. So the petitioner is not in a position to produce individual sureties for each case. Hence he seeks for a direction directing the learned Judicial Magistrate No.II, Attur, Salem to accept the surety that was furnished in Crl.M.P.No.1353 of 2015 as common sureties for the other Crl.M.P.Nos.1354 and 1355 of 2015.

4. Heard the learned Government Advocate (crl.side)

5. Considering the submissions made by the learned counsel for the petitioners, this court is inclined to direct the learned Judicial Magistrate No.II, Attur, Salem District to accept the surety that is produced in Crl.M.P.No.1353 of 2015 as common surety for Crl.M.P.Nos.1354 and 1355 of 2015. Accordingly, the learned Judicial Magistrate No.II, Attur, Salem is directed to accept the surety furnished in respect of Crl.M.P.No.1353 of 2015 as common surety for Crl.M.P.Nos.1354 and 1355 of 2015.

6. These petitions are disposed of with the above direction. s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To

1. The Judicial Magistrate No.II, Attur, Salem District.

2. The Inspector of Police, Gengavalli Police Station, Salem District.

3. The Inspector of Police, Thalaivasal Police Station, Salem District.

5. The Public Prosecutor, High Court, Chennai.

+ 3 ccs to Mr.E.Kannadasan, Advocate SR 24430,24901, & 24902 jsv(co) prk6/5 Crl.O.P. Nos.11410, 11411 and 11412 of 2015