Madras High CourtCRL OP/20842/2021disposed of

S.Muniyandi v. The State Rep By

2021-11-17Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.Nos.20842, 20843 & 20844 of 2021 S.Muniyandi ... Petitioner in all Crl.O.Ps.

Versus

The State represented by The Inspector of Police Sulur Police Station Crime No.678 of 2021 ... Respondent in Crl.O.P.No.20842/2021 The State represented by The Inspector of Police Sulur Police Station Crime No.708 of 2021 ... Respondent in Crl.O.P.No.20843/2021 The State represented by The Inspector of Police Thadagam Police Station Crime No.75 of 2012 ... Respondent in Crl.O.P.No.20844/2021 PRAYER in Crl.O.P.No.20842 of 2021: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to modify the condition imposed in Crl.M.P.No.1871 of 2021 on the file of the Judicial Magistrate, Sulur, Coimbatore District, dated 12.10.2021.

PRAYER in Crl.O.P.No.20843 of 2021: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to modify the condition imposed in Crl.M.P.No.869 of 2021 on the file of the Additional Judge/Presiding Officer, Special Court

for Essential Commodities Act Cases, Coimbatore District, dated 18.08.2021.

PRAYER in Crl.O.P.No.20844 of 2021: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to modify the condition imposed in Crl.M.P.No.20426 of 2021 on the file of the Judicial Magistrate No.I, Coimbatore District, dated 01.10.2021.

For Petitioner in all Crl.O.Ps.

: Mr.V.B.Sundharaeswar For Respondent in all Crl.O.Ps.

: Mr.A.Damodaran Additional Public Prosecutor COMMON ORDER The petition in Crl.O.P.No.20842 of 2021 has been filed to modify the condition imposed in Crl.M.P.No.1871 of 2021 on the file of the Judicial Magistrate, Sulur, Coimbatore District, dated 12.10.2021.

2. The petition in Crl.O.P.No.20843 of 2021 has been filed to modify the condition imposed in Crl.M.P.No.869 of 2021 on the file of the Additional Judge/Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore District, dated 18.08.2021.

3. The petition in Crl.O.P.No.20844 of 2021 has been filed to modify the condition imposed in Crl.M.P.No.20426 of 2021 on the file of the Judicial Magistrate No.I, Coimbatore District, dated 01.10.2021.

4. The petitioner was granted statutory bail by the Judicial Magistrate, Sulur in Crl.M.P.No.1871 of 2021 by order dated 12.10.2021, Additional District Judge/Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore District in Crl.M.P.No.869 of 2021 by order dated 18.08.2021 and Judicial Magistrate No.I, Coimbatore District in CMP.No.20426 of 2021 by order dated 01.10.2021.

5. The contention of the petitioner is that in Crl.M.P.No.1871 of 2021 apart from other conditions one, of the condition is that he should appear before the Inspector of Police, Sulur, daily at 10.00 am and 5.00 pm. In C.M.P.No.869 of 2021, one of the condition is that he shall appear before the Inspector of Police, Sulur Police Station daily at 10.30 am. In C.M.P.No.20426 of 2021, one of the condition is that he shall

appear before the Inspector of Police Thadagam Police Station, daily at 10.00 am and 5.00 pm. In all the cases, one of the condition is that he should appear before the respective police stations daily and due to the said condition, he does not know which condition to follow, i.e., either to appear before the Sulur Police Station or Thadagam Police Station and in the meanwhile, he is also suffering from health ailments.

6. The learned Additional Public Prosecutor submitted that the petitioner has not complied with the condition and he neither appeared before the Sulur Police Station nor the Thadagam Police Station. Further, the medical certificate produced by the petitioner shows that he has Gastro problems and he is not suffering from Covid-19. The petitioner is a notorious criminal and he is involved in three cases of serious nature, even at the age of 19. Hence, he strongly opposed for any modification.

7. Finding that the petitioner had been granted bail with the condition to appear in two different Police Stations, this Court modifies the said condition and directing him to appear before the Inspector of Police, Sulur, daily at 10.00 am till the completion of trial in all the three cases. Other than the days when he is required to appear before the trial Court, or before the Inspector of Police Station, Thadagam, in Crime No.75 of 2021. The petitioner to inform the Inspector of Police, Sulur and appear before the Court or Thadagam Police.

8. With the above directions, these Criminal Original Petitions are disposed of.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar dna To

1. The Additional Judge/Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore District,

2. The Judicial Magistrate, Sulur,

3. Do Through, The Chief Judicial Magistrate, Coimbatore.

4. The Judicial Magistrate No.I,

5. The Inspector of Police Sulur Police Station

6. The Inspector of Police Thadagam Police Station

7. The Public Prosecutor, High Court, Madras.

+1cc to Mr.V.B.Sundhareshwar, Advocate, S.R.No.59301 +1cc to Mr.V.B.Sundhareshwar, Advocate, S.R.No.59302 (10/02/2022) +2ccs to Mr.V.B.Sundhareshwar, Advocate,S.R.No.59303 (10/02/2022) Crl.O.P.Nos.20842, 20843 & 20844 of 2021 KG(CO) SU(03/12/2021)