Govinth Hiyal v. Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.4.2015

CORAM:

THE HON'BLE MR.JUSTICE R. SUBBIAH Crl.O.P. No.8583 of 2015 Govinth Hiyal .. Petitioner/ Accused Vs.

State by Station House Officer, Auroville Police Station, Cuddalore District .. Respondent/ Complainant Criminal Original Petition filed under Section 482 Cr.P.C., to modify the condition of the learned Pricnipal Sessions Judge, Villupuram that the petitioner to execute a bond for Rs.10,000/- with two sureties (one belonged to Tamilnadu State and another surety must be the same locality of the petitioner) in Crl.M.P.No.894 of 2015 dated 13.2.2015 in Crime No.482 of 2014. For Petitioner : Mr.M. Govindarajulu For Respondent : Mr.M.Mohamed Riyaz Govt. Advocate (crl.side)

O R D E R

Petition for relaxation of condition imposed in Crl.M.P.No.894 of 2015 dated 13.2.2015 on the file of learned Principal Sessions Judge, Villupuram.

2. On 13.2.2015, the learned Principal Sessions Judge, Villupuram while granting bail to this petitioner has imposed the following condition:

"The petitioner is ordered to be released on bail, on his executing a bond for Rs.10,000/- with two sureties (one surety belonged to Tamilnadu State and another surety must be the same locality of the petitioner) to the satisfaction of Judicial

Magistrate, Vanur and further the sureties shall produce the original title deeds before the Judicial Magistrate, Vanur and the same shall be retained by the concerned Judicial Magistrate until further orders and on condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders."

3. The learned counsel for the petitioner submitted that the petitioner is a native of Orissa State and he is only a coolie and he came down to Tamilnadu in order to eke out his livelihood. He further submitted that he has no property at Chennai. As the court has imposed the condition that the petitioner has to produce title deeds before the Magistrate, he is not able to produce the original title deeds before the court and hence he was not able to come out of jail, though he was granted bail. Hence he seeks for modification of the above said condition imposed by the learned Principal Sessions Judge, Villupuram.

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

5. Considering the submissions made by the petitioner, the condition imposed by the learned Principal Sessions Judge, Villupuram directing the petitioner to produce the original title deeds before the court is hereby deleted. Except that, all other conditions shall remain unaltered.

6. This petition is disposed of with the above modification. Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar Msr To

1. The Pricnipal Sessions Judge, Villupuram

2. The Judicial Magistrate Vanur

3. do thor the Chief Judicial Magistrate Cuddalore

4. The Station House Officer, Auroville Police Station, Cuddalore District

5. The Superintendent Sub Jail Tindivanam 6.The Public Prosecutor, High Court, Chennai. 1 cc to M/s.M. Govinda Raju, Advocate, sr. 6595 Crl.O.P. No.8583 of 2015 UG (CO) kk 20/4