Somu v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.Nos.7513, 7516, 7518,7520 & 7523 of 2019 1.Somu ... Petitioner in Crl.O.P.No.7513 of 2019

2. Asokan ... Petitioner in Crl.O.P.No.7516 of 2019 3.Saravanan ... Petitioner in Crl.O.P.No.7518 of 2019 4.Javakar ... Petitioner in Crl.O.P.No.7520 of 2019 5.Kanniyappan ... Petitioner in Crl.O.P.No.7523 of 2019 Vs.

State rep by The Inspector of Police, Kurinchipadi Police Station, Cuddalore District.

Crime No.268 of 2018.

... Respondent in all Crl.O.Ps Common Prayer : Criminal Original Petitions filed under Section 482 Cr.P.C., to set aside the docket orders dated 09.02.2019 passed by the learned Judicial Magistrate No.III, Cuddalore and accept the surety memo on re-presentation by the petitioner in pursuant to the orders dated 23.01.2019 in Crl.M.P.Nos.3541, 3543, 3545, 3546 and 3547 of 2018.

For Petitioners in all Crl.O.Ps : Mr.C.Ram Kumar For Respondent in both Crl.O.Ps: Mr.M.Mohamed Riyaz Additional Public Prosecutor ****** COMMON ORDER These petitions have been filed to set aside the docket orders dated 09.02.2019 passed by the learned Judicial Magistrate No.III, Cuddalore and direct the learned Judicial Magistrate No.III, Cuddalore to accept the surety memo on representation by the petitioners in pursuant to the orders dated 23.01.2019 in Crl.M.P.Nos.3541, 3543, 3545, 3546 and 2547 of 2018.

2. The learned counsel for the petitioners submitted that the tipper lorries bearing registration Nos.TN-18-K-3940, TN-18K-1899, TN-19-K-7299, TN-19-K-7299 and TN-49-C-3940, TN-19-e1548, TM-19-M-2777, TN-19-S-6777 have been seized by the respondent herein as early as on 05.09.2018 in Cr.No.271 and 268 of 2018 for offence under Sections 379, 430 IPC r/w. Section 21

(1) M & M (D & R) Act and the petitioners have approached the learned Jurisdictional Magistrate No.III, Cuddalore, seeking interim custody in Crl.M.P.Nos.3541, 3543, 3545, 3546 and 2547 of 2018 respectively and came to be ordered on 23.01.2019 on certain conditions. It is further submitted by the learned counsel for the petitioners that when the petitioners have filed the Surety Memo to accept the sureties, the learned Judicial Magistrate No.III, Cuddalore has returned the same observing "In view of the order of the Hon'ble High Court passed in W.P. (MD). No. 22023 to 22026 of 2018 dated 11.01.2019 the owner of the vehicle can approach the Hon'ble High Court under Article 226 of the Constitution of India. Even petition u/s. 451 Cr.P.C allowed sureties cannot be accepted"

3. Heard both sides and perused the documents available on record.

4. Considering the facts and circumstances, the order passed by the learned Judicial Magistrate No.III, Cuddalore dated 09.02.2019 is set aside. The learned Judicial Magistrate No.III, Cuddalore is directed to consider the petition and accept the sureties to release the vehicles of the petitioners on the basis of the order passed by the Division Bench of this Court in W.P.(MD).Nos. 22023 t 22026 of 2018 etc., batch dated 29.10.2018. There is no impediment to accept the sureties and returning of vehicles.

Therefore, the learned Judicial Magistrate No.III, Cuddalore is directed to accept the sureties as per the directions issued in Crl.M.P.Nos.3541, 3543, 3545, 3546 and 2547 of 2018 on 23.01.2019.

5.With the above direction, these Criminal Original Petitions are allowed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar rm To

1. The Judicial Magistrate No.III, Cuddalore.

2. The Inspector of Police, Kurinchipadi Police Station, Cuddalore District.

3. The Public Prosecutor, High Court, Madras.

+5ccs to Mr.C.Ramkumar, Advocate, S.R.No.27056 to 27060 Crl.O.P.Nos.7513, 7516, 7518, 7520 & 7523 of 2019 AD(CO) rrs 27/03/2019